How to Oppose a Probate Petition for Possession and Control of Estate Property — California
Detailed Answer Short overview: In California probate cases, a party can petition the court for possession and control of estate property. You can challenge or try to dismiss such a petition by filing a written opposition, raising legal and factual defenses, asking the court for interim protections, and presenting evidence at the hearing. The court […]
Read article →California — Contesting a Probate Accounting Long After Court Approval: What You Need to Know
Detailed Answer Short answer: In California, contesting a probate accounting more than a year after the court approved it is difficult but sometimes possible. You cannot usually file a late appeal simply because time has passed. Instead you must identify an extraordinary legal pathway — for example, asking the court to set aside or vacate […]
Read article →How to Challenge a Final Probate Accounting in California When You Were Not Notified
What to Do If You Weren't Notified About a Final Probate Accounting in California Not legal advice. This article explains general California probate procedures so you know what steps you can take to protect your rights. Consult a probate attorney for advice about your case. Detailed answer — how to challenge a final accounting you […]
Read article →California: How to Clear Creditor Claims Before Selling a Parent’s Estate Home
Disclaimer: This is educational information only and not legal advice. For help that applies to your exact situation, consult a California probate attorney. Detailed Answer Selling real property that belonged to a deceased parent requires handling any creditor claims against the estate first so the sale does not leave the buyer or the estate exposed […]
Read article →Reimbursement for Mortgage Payments Made to Preserve Estate Property — California
Understanding Reimbursement for Mortgage Payments Made to Preserve Estate Property Short answer: Yes — under California law you can often be reimbursed for reasonable mortgage payments you made to preserve estate property, but recovery usually depends on who paid, whether the payment benefited the estate, whether the payment was authorized, and whether a court approves […]
Read article →California: Who Gets Leftover Sale Proceeds When Someone Dies Without a Will?
Detailed Answer When a person dies without a will in California, any money left from the sale of their property typically becomes part of the decedent’s probate estate unless it passed outside probate before or at the time of sale. How those leftover sale proceeds are distributed depends on three things: whether the proceeds are […]
Read article →Retitling a Deceased Parent's Car in California: Steps and Checklist
Detailed Answer Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a California probate or estate attorney. Below are practical, California-focused steps someone usually follows to transfer title to a motor vehicle that belonged to a deceased parent. Because facts change what you must […]
Read article →California: What to Do If a Proposed Administrator Withholds Estate Documents
Understanding Your Rights Under California Probate Law If someone proposed to serve as an administrator (personal representative) of a California estate is withholding asset information or estate documents from you, you have clear options under California probate practice. This article explains practical steps you can take, the legal tools the probate court provides, and when […]
Read article →California: What Happens If a Will Was Not Properly Signed? Probate Consequences Explained
What happens if a will wasn't properly signed in California? Answers for someone facing probate Short answer: Under California law, a will that was not executed according to the statutory formalities may be refused admittance to probate. If the court finds the will invalid, the estate may be distributed under California's intestacy rules unless another […]
Read article →Challenging a Sibling’s Petition for Letters of Administration in California
Detailed Answer Short answer: In California you can formally challenge (object to) a sibling’s petition for letters of administration by filing a written objection with the probate court, serving it on the petitioner and other interested persons, and appearing at the court hearing. The court will consider statutory priorities, qualifications, and any factual or legal […]
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