Archived
Is the Probate process the same when selling a home in California with an Order of Informal Probate issued in Montana?
Christine's answer
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Answered on September 05, 2013
If the escrow is less than $150,000 you can do an informal probate. If greater than $150k, you will need a full probate. That said, you can get...
Archived
My mother passed away in 2009 without a will. She has 3 children and owns a property rental. what is the best way to start?
Christine's answer
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Answered on September 05, 2013
With no will, and a property in Santa Barbara CA, one of you will likely need to open probate. This requires a Petition for Probate which can be...
Archived
Both parents and one brother deceased. I am the elder son but no info from younger brother regarding estate settlement Any
Christine's answer
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Answered on September 05, 2013
You have several options depending upon the status of the estate, whether a probate has been opened, whether there is a trust, etc. If nothing has...
Archived
Does an attorney for the opposing side get paid their attorney fees through some kind of court order if thru bankruptcy?
Christine's answer
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Answered on September 04, 2013
I am not sure why you would consider taking an action suggested by the other side. If you think you can win the civil case, I would continue down...
My process server can't serve the defendant because he won't answer the door of his home on 4 occasions. What can I do to serve
Christine's answer
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Answered on September 04, 2013
If the process server is keeping very detailed information about the service and it states that the lights are on, the cars are in the...
Archived
Inventory & Appraisal in temporary conservatorship
Christine's answer
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Answered on September 04, 2013
The IRA would be inventoried by the probate referee. Pension as well. Social Security can be inventoried as the cash amount received every month.
Archived
If I amend a petition that was already submitted to court will my court date change?
Christine's answer
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Answered on September 04, 2013
It is unlikely you will be able to substitute yourself in as administrator without starting over. Is there some reason you want to take...
Mom dies intestate has $20k in savings, its been 40 days since death, can I claim $ for heirs under CA's small estate statute?
Christine's answer
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Answered on September 04, 2013
If the IRA's have beneficiaries, they go to who is named. If they do not, they need to be added to the $20,000 to make sure that the total estate...
How many attempts do you have to make to sub serve a summons in southern california
Christine's answer
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Answered on September 03, 2013
It needs to be reasonable and documented. Certainly if you have a process server you have a better chance of getting the court to accept...
Archived
My brother told me he did not want anything to do with any inheritance if I were successful in
opening probate.
Christine's answer
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Answered on September 03, 2013
Your attorney should have had your brother sign a Disclaimer stating he does not want his share. If it has been more than 9 months, it is too late...