What Happens if a Will Is Lost or Destroyed in California (CA)?
Detailed Answer Short answer: In California, a lost or destroyed will can still be admitted to probate, but the person who wants the will probated must prove (1) the will was validly executed, (2) the will’s contents, and (3) that the will was not revoked by the testator. If the will was physically mutilated or […]
Read article →Which financial powers can be granted through a power of attorney during incarceration? (CA)
FAQ: Financial powers you can grant by power of attorney while incarcerated (California) Short answer: In California you can grant an agent (your attorney‑in‑fact) broad financial powers while incarcerated, including authority to manage bank accounts, pay bills, collect income and benefits, manage real and personal property, file taxes, operate a business, and pursue or defend […]
Read article →What documentation is needed to prove ownership when filing a surplus funds claim? (CA)
Disclaimer: This article is for general information only and is not legal advice. Consult a licensed California attorney or the appropriate county office to confirm requirements for your situation. Detailed Answer — How to prove ownership when filing a surplus funds claim in California If a property sold at a judicial or nonjudicial sale (foreclosure, […]
Read article →How does the diminished value process work if I do not own my car? (CA)
How the diminished value process works when you do not own the car (CA) Short answer: Who can claim diminished value depends on who holds legal title or an insurable interest in the vehicle (owner, lienholder, or lessor). If you are merely the driver or a lessee, the owner or lienholder usually has the primary […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (CA)
Quick answer No. Under California law, wrongful death proceeds generally do not pass according to the decedent’s Last Will and Testament. Instead, wrongful death recoveries belong to the decedent’s statutory heirs (or their representatives) under California wrongful death law. A separate type of claim called a "survival" action can belong to the decedent’s estate and […]
Read article →How Do I Submit a Diminished Value Claim to an Insurance Company in California?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Under California law, an insured motorist may recover the diminished value of a vehicle after an accident. Diminished value refers to the loss in market worth that remains even after […]
Read article →How can beneficiaries challenge a trustee who misuses trust funds in California?
Detailed Answer Under California law, trustees owe beneficiaries strict fiduciary duties, including loyalty, impartiality, and prudent administration of trust assets. Misuse of trust funds—such as self-dealing, embezzlement, or unauthorized loans—breaches those duties. Beneficiaries have several legal pathways to address and rectify such breaches. 1. Identify the Breach of Fiduciary Duty A trustee breaches fiduciary duties […]
Read article →How Can I Obtain Proof of Lost Wages When My Former Employer Will Not Provide Payroll Records in California?
Detailed Answer When you need to prove lost wages and your former employer withholds payroll records, take these steps under California law. First, review California Labor Code §226, which requires employers to provide itemized wage statements. If your employer fails to comply, you can file a wage claim with the Division of Labor Standards Enforcement […]
Read article →How to locate and verify original wills and codicils before opening probate in California
How to Locate Original Wills and Codicils in California Before opening probate, you must find the decedent’s original will or codicil. California law (Probate Code §8000 et seq.) requires the original document to admit it to probate. Check the decedent’s personal files, including safe deposit boxes, home safes, desk drawers, and filing cabinets. Contact the […]
Read article →Which Documents and Certificates Are Needed to Begin Estate Administration in California?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Death Certificate Obtain multiple certified copies of the decedent’s death certificate from the county recorder or the California Department of Public Health. You will need certified copies to file probate paperwork, transfer assets, and notify financial institutions. Original Will […]
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