California: Using Estate Sale Proceeds to Pay for Junk Removal and Personal Property Cleanup
Short answer Yes. Proceeds from the sale of estate property in California are estate assets and can generally be used to pay reasonable and necessary administration expenses, including costs to remove junk, clean up personal property, secure and prepare a home for sale, and similar property-preservation work. However, the executor or administrator must follow probate […]
Read article →California: How the Probate Process Handles Unauthorized Charges to a Parent's Estate
How California probate handles unauthorized charges to a parent’s estate Detailed answer — what happens and what you can do When someone makes unauthorized charges against a deceased person’s bank accounts, credit cards, or uses estate assets without permission, those transactions can become issues the probate process must address. In California, the probate court supervises […]
Read article →California: Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts
How to regain control of a deceased parent's bank and credit card accounts in California Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a California-licensed attorney. Detailed answer — step-by-step under California law If someone else is using your deceased parent’s bank or […]
Read article →How to Secure a Deceased Loved One’s Home and Prevent Siblings from Removing Items — California
Immediate steps to secure the house and preserve estate property (California) Short answer: Lock the home, document everything, politely but firmly tell family members not to remove items, contact local law enforcement if someone trespasses or steals, and quickly start probate steps to obtain authority (letters of administration or appointment of a temporary/special administrator). If […]
Read article →California: Forcing a Sale When Heirs Refuse Mediation or Won’t Sign Off
Can you force a sale of property in California when heirs refuse mediation or won’t sign? Short answer: Yes — in many situations you can force a sale by filing a partition action in civil court. If the property is part of a decedent’s estate, the probate court can also authorize a sale. Which path […]
Read article →California — After the 90-Day Waiting Period for an Unclaimed Property Claim
What to expect after the 90-day waiting period for an unclaimed property claim in California This FAQ-style explanation explains how California usually handles an unclaimed property claim once the initial 90-day waiting period ends, what steps the State Controller's Office (SCO) may take next, and practical steps you can take to protect your claim. Detailed […]
Read article →How to Become the Administrator of Your Father's Estate in California
How to Become the Administrator of Your Father's Estate in California Short answer: If your father died without a will (intestate), you can ask the probate court to appoint you as the estate's administrator (also called a personal representative). You do this by filing a petition for letters of administration with the superior court in […]
Read article →California: How Children Inherit When There Is No Will — Order of Succession and Distribution
Detailed answer Short answer: Under California intestate succession rules, when a person dies without a will and only their children (no surviving spouse) are entitled to inherit, the estate is divided among the decedent’s children. Living children take an equal share. If a child died before the decedent but left descendants (grandchildren of the decedent), […]
Read article →California: How to Get Court Approval to Sell a House and Pay Off the Mortgage
How to get court approval to sell real property and pay off the mortgage in California Short answer: If the house is part of a probate estate or is owned by someone subject to a conservatorship, you generally must petition the probate or conservatorship court for authority to sell the home. If the home is […]
Read article →California — Payable-on-Death (POD) Accounts and Estate Creditors: What to Know
Quick answer Short answer: Payable-on-death (POD) accounts generally pass directly to the named beneficiary outside of probate in California, so they are not ordinarily distributed as part of the probate estate. However, creditors may still be able to reach POD funds in certain situations—for example, if the transfer was a fraudulent attempt to avoid creditors, […]
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