California: How Real Property Transfers Under a Will Usually Work (When Full Probate Is or Isn’t Required)
Detailed Answer — How California handles transferring real property under a will (when you want to avoid full administration) Short answer: In California, real property that passes under a will most often requires probate (a court-supervised process) to change title into the beneficiary’s name. California offers some alternatives that avoid full probate for certain situations […]
Read article →How to Open a Probate Estate in California to Pursue a Claim (e.g., Camp Lejeune)
How to Open a California Probate Estate so You Can Pursue a Claim on Behalf of a Deceased Spouse Disclaimer: I am not a lawyer. This article explains general California probate procedures and how probate interacts with pursuing a claim. It is educational only and not legal advice. For case-specific guidance, consult a California probate […]
Read article →Challenging an Administrator's Claim to Inherited Real Property — California
Detailed Answer Short overview: In California, an estate administrator (also called a personal representative) holds legal title to estate property only to manage it for the estate’s beneficiaries. The administrator does not get to keep estate property as personal property. If an administrator asserts ownership of real property that you believe you are entitled to […]
Read article →California: Who Gets Surplus Proceeds When an Owner Dies Intestate and Siblings Are Involved
Detailed Answer Short answer: When a property owner in California dies without a will, any surplus proceeds from the property sale generally become part of the decedent’s estate. The surplus is distributed under California’s intestate succession rules. If there is no surviving spouse, children, or parents, the decedent’s siblings (or their descendants by representation) will […]
Read article →California — Asserting a Right of Survivorship to Claim More Foreclosure Surplus Funds
Understanding whether a survivorship claim can increase your share of foreclosure surplus funds Detailed Answer Short answer: Maybe — but only if the deed actually created a survivorship interest and the survivor owned title at the time the sale produced the surplus. California law recognizes survivorship by operation of the deed (for example, joint tenancy […]
Read article →California — How to Recover Surplus Proceeds After a Foreclosure (Including When the Owner Is Deceased)
How to Recover Surplus Proceeds After a Foreclosure in California FAQ: Steps to file to determine your right to surplus money when your mom’s property was foreclosed Short answer If a trustee’s sale produced money in excess of the amounts owed, that excess (the “surplus” or “overage”) belongs to the person or estate that held […]
Read article →Claiming Surplus Funds After a Tax Sale in California: Steps, Documents, and Next Actions
Detailed Answer — How surplus proceeds are handled after a California tax-defaulted property sale When a county tax collector sells tax-defaulted property in California, the sale can produce money in excess of the taxes, penalties, interest, and sale costs. That excess is commonly called the surplus or excess proceeds. California law and county procedures determine […]
Read article →California: Documenting a Repossessed Vehicle When Settling an Estate
Detailed Answer Short answer: As the personal representative (executor/administrator) settling a California estate, you must document a repossessed vehicle by collecting the lender’s repossession and disposition paperwork, including notices, sale statements, and title transfer records; include the vehicle (or its net proceeds or deficiency) on the estate inventory and appraisal; notify creditors and the DMV […]
Read article →California: If a Sibling Claims You Mismanaged Estate Assets After Selling Dad’s Car
What to Do If a Sibling Says You Mismanaged Estate Assets After Selling a Parent's Car State: California Disclaimer: I am not a lawyer. This article provides general information about California probate procedures and common options when a family member accuses a personal representative of mishandling estate property. This is not legal advice. For advice […]
Read article →California — Transferring a Deceased Parent’s Car Title Without the Original Title
Detailed answer: How to transfer a deceased parent's vehicle title in California when the original title is missing When a vehicle owner dies and you do not have the original title, California provides practical routes to move ownership without opening a formal probate case in many situations. This article explains the usual steps, the documents […]
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