How to Open an Estate Bank Account Using an IRS EIN in California
Detailed Answer Short overview: After a person dies, the estate’s money and assets are usually collected and managed by a personal representative (executor named in a will, or administrator appointed by the court). To handle estate funds separately from your personal accounts, most banks require an Employer Identification Number (EIN) for the estate and proof […]
Read article →California: Late Creditor Claims in Probate — After the 90‑Day Deadline
Understanding Late Creditor Claims in California Probate This FAQ-style guide explains what typically happens when a creditor files a claim after the 90‑day notice period in a California probate. This is an overview for education only and not legal advice. Detailed Answer — What usually happens if a creditor files after the 90‑day notice period? […]
Read article →California: Claiming Your Share of a Parent's Estate When There Is No Will
What to do when a parent dies without a will in California This FAQ-style guide explains how an heir can claim a parent's estate when the parent died intestate (without a will) under California law. It summarizes the main procedures, when probate is required, alternatives to probate, and practical steps to get the share you […]
Read article →Deadline to Contest a Will in California: Key Deadlines and What to Do
How long do you have to contest a will in California? Short answer Under California law, time limits to challenge (contest) a will are strict. In most formal probate cases you must act quickly — generally within 120 days measured from the date the probate court issues notice or letters for administration. Missing the deadline […]
Read article →California: Rights of a Surviving Spouse When a Spouse Dies Without a Will
What to know about your rights as a surviving spouse when a spouse dies without a will in California Short answer: In California, a surviving spouse has important legal rights after a spouse dies intestate (without a will). You generally have immediate property rights to community property, priority for control over disposition (funeral/cremation), and a […]
Read article →How to Become Administrator of a Deceased Spouse’s Estate in California When the Family Won’t Cooperate
How to Be Appointed Administrator of a Deceased Spouse’s Estate in California When the Family Won’t Cooperate This FAQ-style guide explains, in plain language, how a surviving spouse can seek appointment as the estate administrator (personal representative) in California when the decedent died intestate (without a will) and other family members are uncooperative. It outlines […]
Read article →California: How to Claim Surplus Funds After a Deceased Parent’s Foreclosure
Understanding How to Claim Surplus Funds After a Foreclosure in California Short answer: First determine whether the foreclosure was judicial or nonjudicial. Then locate who holds the sale proceeds (the court, sheriff, or foreclosure trustee). If the estate was never probated, you may be able to claim small cash surpluses using a small‑estate affidavit under […]
Read article →California: Recovering Surplus Funds — Do You Need to Open Probate?
Detailed Answer This article explains how surplus funds from the sale of real property (for example, after a foreclosure or trustee sale) are handled in California and whether you must open a probate estate to recover those funds. The answer depends on two main facts: (1) whether the former owner is alive or deceased, and […]
Read article →How to Transfer an Inherited Membership Interest in a Single‑Member LLC in California
How to transfer an inherited membership interest in a single‑member LLC in California Short answer: After the owner of a single‑member LLC dies, the membership interest becomes part of the decedent’s estate and generally passes through probate (or by trust transfer if the interest was held in a trust). The personal representative or trustee can […]
Read article →California — Secretary of State Documents That Help Prove a Deceased Family Member Was the Sole Member of an LLC
How to show a bank that a family member was the sole member of a California LLC Short answer: The California Secretary of State can provide formation records (Articles of Organization) and periodic filings (Statement of Information) and a Certificate of Status. Those documents can help, but they often do not prove ownership by themselves. […]
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