California: Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds
How to Enforce or Dispute an Oral Agreement Dividing Wrongful Death Proceeds in California Short answer: You can try to enforce a valid oral agreement about splitting wrongful death money, but enforcement depends on who legally controls the claim, whether the agreement is legally enforceable, the available evidence, and applicable time limits. If parties cannot […]
Read article →California: Getting Court Approval to Release Disputed Estate Funds
Detailed Answer Short overview: When beneficiaries or heirs disagree about how estate money should be split, the probate court is the authority that can approve releasing funds. In California, you generally must ask the probate court to approve any distribution if there is a dispute, unfinished creditor claims, unresolved accounting, or other contested issues. The […]
Read article →California: Selling an Estate House Facing Foreclosure When a Co‑Administrator Refuses to Sign
Can an estate sell a house facing foreclosure when a co‑administrator refuses to sign? Short answer: Yes—usually, but you will likely need a court order. If one co‑administrator (co‑personal representative) refuses to cooperate, the other co‑administrator can ask the California probate court for authority to sell the property, for other relief (for example, removal or […]
Read article →California — Which Assets Must Go Through Probate and Which Pass Directly to Survivors
How California Decides Which Assets Go Through Court (Probate) and Which Pass Directly to Survivors Short answer: In California, assets that are owned solely in the decedent’s name with no valid beneficiary designation or transfer-on-death arrangement typically must go through court administration (probate). Assets that have a valid title or beneficiary arrangement that names a […]
Read article →California: Does Remaining Money from a Sold Parent’s Home Follow the Will?
What happens to sale proceeds from a parent’s house under California law? Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance about your specific situation, consult a California probate or estate attorney. Detailed answer — how leftover money from a sold home is handled in California When a deceased […]
Read article →California: What to Do When an Heir Refuses to Turn Over an Original Will
Detailed Answer Short summary: If someone who has your parent’s original signed will refuses to give it to you, California law still gives you ways to open the estate and have the decedent’s intent honored. Typical options include (1) asking the person to deliver the original in writing, (2) using the court’s power to compel […]
Read article →Distributing Remaining Estate Funds to Children in California: Step-by-Step FAQ
Disclaimer: This is general information about California probate and estate distribution. It is not legal advice. For guidance specific to your situation, consult a licensed California attorney. Overview: How distribution to children works in California When all estate taxes, valid creditor claims, and administration expenses are paid, the personal representative (executor or administrator) must transfer […]
Read article →Reimbursing Yourself from a California Estate for a Vehicle Lien Payment
Can You Be Reimbursed from a California Estate for a Vehicle Lien You Paid? Detailed answer — how reimbursement works under California law Short answer: Possibly — but it depends on who you are (personal representative or a third party), when you paid, whether the payment preserved an asset of the estate, and whether the […]
Read article →California: Do I Need to Post a Bond to Serve as Administrator of an Intestate Estate?
Do I need to post a bond to serve as administrator of an intestate estate in California? Short answer: In most California probate cases, yes — a court-appointed administrator generally must post a fiduciary bond unless the court or all interested persons waive the requirement or some simplified, non‑probate procedure applies. Detailed answer — what […]
Read article →Factors the Court Considers When Appointing an Estate Administrator in California
How a California Court Chooses an Estate Administrator: Key Factors Explained Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific estate, consult a licensed California probate attorney. Detailed answer — what the court considers when appointing an administrator in California When a person dies without naming […]
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