Estate Planning in California | CA Legal Resources | FastCounsel

How to Validate and Certify an Affidavit of Collection to Collect Personal Property in California

Detailed Answer An affidavit of collection is a sworn statement that outlines your right to seize or repossess personal property under California law. You typically prepare this affidavit when enforcing a court judgment (for unpaid debt) or exercising a security interest in collateral. Below are the key steps to validate and certify such an affidavit […]

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How Can an Interested Party Determine if Surplus Funds Remain After a Foreclosure Sale in California?

Determining if Surplus Funds Remain After a California Foreclosure Sale Detailed Answer When a property sells at a foreclosure auction for more than the outstanding debt, foreclosure costs, and trustee fees, the excess sale proceeds become surplus funds. In California, a nonjudicial trustee must distribute any surplus within 60 days under Civil Code §2924k(g). Judicial […]

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What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in California?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a property sells at a nonjudicial foreclosure sale for more than the total debt and costs, the excess proceeds—called surplus funds—remain with the foreclosure trustee. Under California law, any person with a legal interest in those funds may […]

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Do I get any ownership interest in the real property if I am paying the mortgage? – CA

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 Paying the mortgage on a property does not by itself give you an ownership interest in California. Title and mortgage are separate. The deed determines who owns the land; the […]

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Do I Get Ownership Interest in California Real Property by Paying Property Taxes?

Disclaimer: This article provides general information on California law. It does not constitute legal advice. Consult a qualified attorney for guidance on your situation. Detailed Answer In California, paying property taxes on a parcel does not by itself grant you an ownership interest in that real property. The state recognizes ownership primarily in two ways: […]

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What steps are needed to access and review information held in an unclaimed property account by nccash.com in California

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under California’s Unclaimed Property Law (Gov. Code § 1510 et seq.), property held by the state on behalf of its rightful owners is made available online through the State Controller’s Office or designated portals such as nccash.com. To access […]

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What options exist for establishing authority over an elderly heir’s personal and financial decisions in California?

Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer California offers tools to help an elderly heir who can no longer make personal or financial decisions. You can use a durable power of attorney, an advance health care directive, or seek a court-appointed conservatorship. Choose the least restrictive option that […]

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How to Verify and Probate an Old Will Discovered Decades After Execution in CA

How to Verify and Probate an Old Will Discovered Decades After Execution in CA Detailed Answer When you uncover a will drafted decades ago, California law offers a clear path to verify its validity and admit it to probate. Follow these steps to ensure compliance: 1. Confirm the Document’s Authenticity Examine signatures and dates. An […]

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How to verify if the decedent had a valid will or other estate planning documents in California?

Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney for advice about your situation. Detailed Answer Under California law, you can take several steps to verify whether a decedent left a valid will or other estate planning documents: Search Personal Records: Examine the decedent’s home, office or […]

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How to Locate and Identify Assets Held in Different Counties or States? – California

Detailed Answer Locating assets held across multiple counties or states in California requires a strategic approach. You will use public records, statutory discovery tools, and professional resources. 1. Search Real Property Records California law grants public access to assessed property records. Visit each county Recorder’s or Assessor’s Office in person or online. Search by owner […]

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