A: Possibly. If you have a claim to an estate or inheritance that is based on a promise or an agreement, then you can file a claim under Civil Procedure Code Section 366.3. However, be aware that the claim must be filed no later than ONE year from your grandfather's...
A: If you die without a will or trust in California, your estate will be distributed according to California's intestacy laws. This typically means that your assets will be divided among your closest relatives, such as your spouse, children, or parents, depending on...
A: 1. Undue Influence or Coercion: Beneficiaries may contest a will or trust if they believe the decedent was manipulated into favoring someone unfairly. 2. Lack of Testamentary Capacity: A will or trust might be contested if there's doubt that the decedent had the...
A: It depends. Under California law, the inheritance is initially considered separate property and would not be subject to an equal split in the event of a divorce. However, if you commingle the money by using it to create a joint bank account, a joint property or any...
A: That's right! California law allows for a simpler process to transfer personal property for estates that fall under a certain value threshold (currently $184,500), making it quicker and easier for heirs to receive their inheritance, and without having to go through...
A: Your uncle's estate is considered intestate because he died without a Will. California's laws of intestate succession will be applied to determine the heirs of his estate. If he was married and had children, his spouse and children would be the heirs of his estate....
A: Yes you do! And more importantly, without a trust, the probate laws of California would not only consider you the owner of the property at your death, but would also charge your heirs probate fees based on the fair market value of the home and NOT on the amount of...
A: Unfortunately, your aunt now owns that duplex. By operation of law, when your father died, the surviving joint tenant automatically owned the entire duplex, which meant that the will had no legal effect over the disposition of your father's interest in the duplex....
A: You are not required to accept compensation for acting as an executor. Oftentimes an executor may not want to take compensation to appease other siblings or to not have the compensation be taxable income (the inheritance is tax-free but the compensation must be...
A: Possibly. Although the success of the claim will depend on the particular facts, Probate Code Section 366.3(a) states: "If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust ..., whether the promise...
