How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in California
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In California, the Medi-Cal Estate Recovery Program can file a claim against a deceased beneficiary’s probate estate to recover benefits paid on or after the individual turned 55. This […]
Read article →How to Determine Intestate Heirs of My Father’s Estate in California
Detailed Answer Disclaimer: This article provides general information on California intestate succession law. It is not legal advice. Consult an attorney for guidance tailored to your situation. When someone dies without a valid will, California’s intestate succession rules (Probate Code §§6400–(et seq.)) determine who inherits. To identify your father’s intestate heirs, follow these steps: Confirm […]
Read article →Can I appeal a probate court decision removing a personal representative in California?
Detailed Answer Under California law, Probate Code sections 1300–1304 govern the removal of a personal representative. A court may remove a personal representative when they: (1) act in bad faith or mismanage the estate, (2) become incapable of performing duties, or (3) conflict with the interests of heirs or creditors (Prob. Code §1302). If the […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees in California
How to Determine What Assets Remain in an Estate After Paying Debts and Fees Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer When someone passes away in California, their estate comprises all assets they owned at […]
Read article →Does a Personal Representative Have to Provide a Copy of the Accounting in a California Probate Matter?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address your specific circumstances. Detailed Answer In California probate proceedings, a personal representative (PR) must prepare and file an accounting before distributing estate assets. Under Prob. Code § 10800, the court or any interested person […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims in California
Detailed Answer As a personal representative in California, you must balance your duty to pay valid creditor claims with the reality of limited estate funds. Below are key steps and legal tools under California law. 1. Identify and Notice Creditors You must publish a Notice to Creditors and mail it to known creditors within one […]
Read article →How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions – CA
Detailed Answer When a decedent’s assets span multiple California counties or jurisdictions, you generally start probate in the county where they were domiciled at death. California Probate Code § 8000 defines venue for probate proceedings: you file in the county of the decedent’s principal residence. Once you have Letters of Administration or Letters Testamentary, you […]
Read article →What documents are needed to complete a small estate affidavit for estate assets in California?
Detailed Answer Under California law, a small estate affidavit lets qualifying heirs claim personal property without formal probate. California Probate Code §13100 sets a value limit and defines eligible property. See §13100(a): leginfo.ca.gov – Probate Code §13100. To prepare a small estate affidavit, gather the following key documents: Certified Death Certificate: Obtain an official copy […]
Read article →How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit in California
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Detailed Answer In California, a Small Estate Affidavit lets you collect certain personal property of a deceased person without formal probate. This streamlined process applies when the total value of the decedent’s personal property subject to probate does not exceed […]
Read article →How to Initiate Sale of Estate Property to Satisfy Creditor Claims in California
Detailed Answer When a decedent’s estate lacks sufficient liquid assets to cover valid creditor claims, the personal representative must seek court authorization to sell estate property. First, the representative opens probate by filing a petition for probate with the California Superior Court. Once appointed, the court issues Letters Testamentary or Letters of Administration, granting authority […]
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