California: Forcing Sale of a House When a Spouse Refuses — Probate, Partition, and Practical Steps
When a surviving spouse won’t cooperate: legal paths to convert a house to cash and distribute proceeds in California Quick answer: First determine who actually owns the house (was it probate property, in a trust, joint tenancy, or community property?). If the house is part of the probate estate, the personal representative can ask the […]
Read article →California: How to Recover a Cash Bequest When an Executor Won’t Cooperate
What to do if an executor refuses to pay your cash bequest in California This FAQ-style guide explains practical steps you can take in California when a sibling named you as a beneficiary (a cash bequest) but the executor of their estate will not cooperate. It assumes you start with no legal knowledge. This is […]
Read article →Filing a Notice to Creditors in California: Step-by-Step Probate Guide
Filing a Notice to Creditors in California: Step-by-Step Guide Disclaimer: This is educational information only and not legal advice. Consult a licensed California attorney about your specific situation. Detailed answer — how the notice-to-creditors process works in California When someone dies and their estate goes through probate, the person appointed to manage the estate (the […]
Read article →How to Become an Executor When a Named Executor Refuses to Serve — California
What to do in California when an appointed executor refuses to serve Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance tailored to your situation, consult a licensed California attorney. Detailed Answer When a parent’s will names one child as executor (personal representative) but that child refuses to serve, […]
Read article →Medi‑Cal Estate Recovery and a Parent’s Home — California Guide
How Medi‑Cal Estate Recovery Affects a Parent’s Home in California This FAQ-style guide explains how California’s Medi‑Cal (Medicaid) estate recovery works, whether the state can force a living person to transfer a parent’s home, and what protections and options may be available. This is educational information only and not legal advice. Detailed Answer — How […]
Read article →California: When an Inherited House Is Not a Probate Asset and How to Handle the Mortgage
Overview This article explains why an inherited house may not be a probate asset under California law and what options exist to keep a mortgage current (or stop a foreclosure) without waiting for a personal representative or administrator. The explanation assumes no prior legal knowledge. This is educational only and is not legal advice. Detailed […]
Read article →California: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account Before Administrator Appointment
Detailed Answer — Understanding Your Rights Under California Law When a parent dies, who may use money in the parent’s bank account depends on how the account is titled and whether anyone has legal authority from the probate court. Under California rules, funds in an account that were solely in the decedent’s name generally become […]
Read article →California: Can I Force Return of Sentimental Items from a Sibling During Probate?
Can you force the return of sentimental items from a sibling during probate? Short answer: Possibly — but how you proceed matters. Under California law the personal representative (executor or administrator) controls estate property while probate is open. If a sibling removed sentimental items that belong to the estate or to a beneficiary, you may […]
Read article →California Probate: Do Administrators Need to Post a Bond or Can It Be Waived?
Do you have to post a probate bond to serve as administrator in California? Short answer: Under California law a probate bond is generally required for a personal representative (administrator or executor) unless the bond is waived by the decedent’s will or by the written consent of all persons entitled to the estate and the […]
Read article →How to Apply to Serve as Administrator of a Parent’s Estate in California (Dying Without a Will)
Detailed Answer Short overview: In California, when a person dies without a valid will (intestate), the superior court in the county where the decedent lived appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute property according to California’s intestacy rules. The process generally requires filing a petition with the […]
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