What documentation is needed to freeze or secure a decedent’s bank accounts in California when co-heirs refuse to cooperate?
Detailed Answer After a person dies, California law vests control of their assets—including bank accounts—only in a court-appointed personal representative. If co-heirs refuse to cooperate, you must ask the probate court to intervene and issue official documents that compel financial institutions to freeze or turn over the decedent’s accounts. 1. Open a Probate Case and […]
Read article →How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law 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 1. Identifying Real Property and Personal Assets Under California Probate Code § 6400, “probate property” includes assets titled solely in the decedent’s name, such as real estate, bank accounts, […]
Read article →What options exist to secure missing estate documents from uncooperative institutions in California?
Disclaimer: This article provides general information and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation. Detailed Answer: Securing Missing Estate Documents Under California Law When key estate records—such as bank statements, deeds or insurance policies—are missing, uncooperative institutions can stall probate. California law grants a personal representative […]
Read article →What type of deed should heirs sign to convey their interests in property in another jurisdiction under California law?
Heirs’ Deeds for Out-of-State Property under California Law Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer When a decedent owned real property outside California, heirs or a personal representative generally must use one of two methods to transfer title: Personal Representative’s (Executor’s) DeedAfter opening ancillary probate in the […]
Read article →How can a client verify that creditor notice requirements were satisfied in the original estate to rely on the two-year rule in California?
Detailed Answer Under California law, estate creditors must receive proper notice before the two-year claim bar applies. To verify that notice requirements were satisfied in the original estate and rely on the two-year rule, a client should: Review Court Records: Visit the probate clerk’s office in the county where the estate was administered. Obtain the […]
Read article →Should a Personal Representative in California Open an Estate Account to Handle Estate Funds?
Disclaimer: This article provides educational information only. It does not constitute legal advice. Consult a California attorney to discuss your specific situation. Detailed Answer Under California law, a personal representative—often called an executor or administrator—must collect, manage, and distribute estate assets under a strict fiduciary duty. Establishing a separate estate account is a key step […]
Read article →What steps are needed to bring real property into the estate in order to pay claims of the estate? (CA)
Detailed Answer In California, real property titled solely in a decedent’s name generally must pass through probate before its value can be used to pay estate debts. Below is a step-by-step overview of how to bring real property into the probate estate and convert it into funds for creditor claims. Step 1: File a Petition […]
Read article →Can I Seek Reimbursement from a California Estate for Paying the Funeral Bill?
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer Under California law, you can seek reimbursement from an estate for funeral expenses you paid on behalf of the decedent. California Probate Code § 9100 grants first priority to costs of last illness and funeral or burial expenses. To recover these […]
Read article →How can the administrator verify that the payment fully satisfied the outstanding vehicle loan in California?
Detailed Answer When administering an estate in California and handling a decedent’s vehicle loan, the administrator must confirm that the creditor has released its security interest in the vehicle. A fully satisfied loan triggers two key actions: Obtain a Payoff Statement and Lien Release from the Lender. Contact the original lender or loan servicer and […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in California?
Detailed Answer Under California law, a surviving spouse may request a family allowance and an elective share of the decedent’s estate even if the marriage certificate is incomplete or missing. The primary statute governing family allowances is Probate Code section 13500 et seq. (see https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13500&lawCode=PRC). The elective share right is set out in Probate Code […]
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