What steps are needed to seek guardianship or conservatorship for an incapacitated relative in California?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation. Understanding Guardianship vs. Conservatorship In California, a guardianship generally applies when a minor (
Read article →How Can Estate Expenses and Ongoing Bills Be Managed During the Probate Process in California?
Disclaimer: This article is for general informational purposes and does not provide legal advice. Detailed Answer Preliminary Steps After the probate court appoints a personal representative, they must secure and inventory assets within four months (Probate Code § 8800). This provides a clear picture of available funds to cover ongoing obligations. Paying Initial and Ongoing […]
Read article →What options exist for selling or transferring real property when an heir is a minor child and cannot consent? (CA)
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified California attorney for guidance specific to your situation. Detailed Answer Under California law, a minor cannot legally convey or consent to the sale or transfer of real property. A court and/or appointed representative must act on the minor’s behalf. […]
Read article →How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated – California
How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in California for guidance tailored to your situation. Detailed Answer 1. Why Beneficiary Designation Matters Life insurance policies typically require the insured […]
Read article →How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in California?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. 1. Understand the Administrator’s Duties Under California Probate Code section 100 (Prob. Code § 100), an estate administrator (also called a personal representative) must collect assets, pay debts and taxes, and distribute the remaining estate to beneficiaries according to […]
Read article →How Does Intestate Succession Work in California When No Will Exists and the Decedent Died with No Spouse and Two Children?
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your situation. Detailed Answer In California, when someone dies without a will (intestate) and leaves no surviving spouse but has two children, state law directs the estate distribution. Under California Probate Code section 6402 (Probate Code […]
Read article →How Does Intestate Succession Work in California With No Spouse and Three Children?
Detailed Answer When a person dies without a valid will (intestate) in California and leaves no surviving spouse but does leave three children, California’s intestate succession law governs distribution of the estate. Under California Probate Code § 6401, the entire estate passes to the decedent’s children equally (Prob. Code § 6401). This statute applies when […]
Read article →How Can California’s Slayer Statute Affect an Heir’s Right to Inherit?
Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a licensed attorney for advice about your specific situation. Detailed Answer Under California law, the slayer rule prevents a person who feloniously and intentionally kills a decedent from inheriting from that decedent’s estate. The rule is codified at Probate Code § […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs in California?
Disclaimer: This article provides educational information only and does not constitute legal advice. Detailed Answer In California, when a person dies without a will, their property passes by intestate succession under Probate Code Section 6400. The court determines the heirs—typically a surviving spouse and children. If multiple heirs share ownership, you must either open a […]
Read article →What Steps Are Involved in a Medicaid Estate Recovery Claim Against Inherited Property in California?
Disclaimer: This article provides educational information about California Medi-Cal estate recovery. It is not legal advice. Please consult an attorney for advice regarding your situation. Detailed Answer When a beneficiary receives California Medi-Cal benefits for long-term care, the state may seek reimbursement from the beneficiary’s estate after death. This process is known as Medi-Cal estate […]
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