California: How to Find Where Sale Proceeds from a Parent’s House Will Go
Who will get the money when a parent’s house is sold — a clear, step-by-step guide under California law Short answer: The sale proceeds go first to pay liens, taxes, and closing costs, then to whoever is legally entitled to the property — typically a surviving joint owner, a successor trustee, or the decedent’s estate […]
Read article →California: How a Prenuptial Agreement Can Affect a Life Estate or Your Inheritance — and What to Do If the Executor Refuses to Provide It
Detailed Answer Short answer: In California a valid prenuptial agreement can change who owns property and what rights a surviving spouse or other heirs receive. A prenup can limit or waive spousal rights (including rights that might otherwise affect a life estate or inheritances), but it cannot be effective against third parties unless it actually […]
Read article →Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale — California
How to Verify an Executor’s Calculation of Your Share from a Sibling’s Home Sale — California Guide Disclaimer: This is educational information only and not legal advice. Consult a licensed California probate attorney for advice tailored to your situation. Short answer — what you can expect Under California probate practice, the personal representative (often called […]
Read article →California: Selling a Deceased Parent’s House During Probate When a Mortgage Remains
Detailed Answer If your mother died owning a house in California that still has a mortgage, the estate can usually sell the house during probate — but how you sell it, who must approve the sale, and how the mortgage is handled depend on several things under California law. Key concepts (plain language) Personal representative: […]
Read article →California: Do I Need to Publish a 3‑Month Notice to Creditors Before Selling a Deceased Parent’s House?
Quick answer No. Under California law, using a small‑estate procedure does not automatically require you to publish a three‑month notice to creditors before you sell the decedent’s house. However, whether you can transfer or sell the house without a full probate depends on how title is held, the size and type of the estate, and […]
Read article →Proving the Value of a Deceased Relative’s Vehicles for Probate in California
How to prove the value of your mother’s vehicles in a California probate Disclaimer: This is educational information and not legal advice. I am not a lawyer. For advice about your situation, consult a California probate attorney. Detailed Answer — Practical steps to prove vehicle value for a California probate When you administer an estate […]
Read article →How to Prove the Value of a Deceased Person’s Vehicles in California Probate
Proving the Value of a Deceased Person’s Vehicles in California Probate This FAQ explains how vehicles are valued for probate in California, what evidence courts accept, and practical steps you can take to document value. This is general information and not legal advice. Detailed answer: How vehicle valuation works in California probate When someone dies, […]
Read article →California: How to Be Appointed as a Limited Personal Representative to Run Creditor Notice and Sell Real Property
Detailed Answer Short answer: In California, the simple small‑estate affidavit process (used under California Probate Code §13100) only applies to collecting certain personal property and generally cannot be used to transfer or sell real property. To sell real property owned by a decedent you normally must be appointed by the probate court as a personal […]
Read article →California: What Happens to My LLC Share When I Die?
Detailed Answer Short answer: If your California LLC’s operating agreement is silent about what happens to a member’s interest at death, state law fills the gap. The decedent’s ownership interest generally passes as personal property to the decedent’s estate or beneficiaries, but the transferee usually receives only economic rights (distributions) by assignment — not automatic […]
Read article →Closing a Spouse’s Estate in California: Proving a Zero Balance and Getting a Court Discharge
Detailed Answer — How to prove a zero balance and formally close your spouse’s estate in California Short answer: Confirm whether probate administration is required. If the estate was opened, prepare a final accounting (or an affidavit showing there are no assets and no unpaid debts), give required notices to creditors and interested persons, file […]
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