How do you find or locate a lost will in Los Angeles County California? Sirkin Law

How do you find or locate a lost will in Los Angeles County California?

California attorney, Mina Sirkin, handles search for and admissions of lost wills in court in California.  We help families find and locate a lost will, when families are going through the most difficult part of their lives.   California residents who inquire about a lost will should note that California has a rebuttable presumption regarding destruction of wills which were last in the decedent’s possession.

LEARN MORE ABOUT SEARCHING FOR AND FINDING A LOST WILL IN CALIFORNIA:

1.  Search in Decedent’s home.  Ask the neighbors and caregivers.

2.  Look in the deceased’s safety deposit box.

3.  Ask any known attorney for the deceased person.

4.  Ask the CPA and any known professionals, such as stock brokers.

5.  Look for things that many not look like a will.   Notebooks with writings.  Journals.  Loose papers of the decedent.

6.  Go to the probate Courthouse (Los Angeles County Probate Court) and ask the registrar of wills if a will has been placed there for safekeeping.

7.  Look for handwritten wills.  They may be on plain paper, or a will may have even been written on a napkin!  These are called holographic wills and can be very useful.

Mina Sirkin is an attorney in California who has spent the last 27 years helping families find peace, and file wills  in probate estates in California.  Contact: MSirkin@SirkinLaw.com or call 818.340.4479.  Web: LosAngelesProbateLawyer.com.

A List of Common Terms and Questions About Trusts and Trustees in Los Angeles CA

This page tells you about:

  1. What is a trust?
  2. What is a trustee?
  3. What powers does a trustee have?
  4. What duties does a trustee have?
  5. What does a trustee need to do when the settlor dies?
  6. What is a trust beneficiary?
  7. What rights does a beneficiary of a trust have?
  8. When does a trust end?
  9. Can a trust be cancelled or changed?
  10. What if the trustee won’t tell me what is going on?
  11. What can the court do if the trustee is not doing his or her job?
  12. Can a trustee resign?
  13. What if the acting trustee dies or resigns or can no longer be the trustee?
  14. How can I find out if someone has a trust?
  15. How do I know if a particular asset is in the trust or not?
  16. What happens if the settlor dies without having put some of his or her assets in the trust?
  17. Can I challenge or contest a trust?
  18. What if the settlor or a beneficiary of the trust owes me money?
  19. Can the Court help me if I have a question or concern about the proper interpretation of the trust or how the trustee is administering the trust?
  20. What is a trust?A trust is when one person (trustee) holds title to property for the benefit of another person (the beneficiary).A person called the settlor (or trustor) creates the trust and puts the property in the trust.

    The settlor, trustee, and beneficiary can be different people. But, one single person could be the settlor, trustee and beneficiary.

    For example, one person may create a trust and put a property in it, make himself the trustee, and use the property for his own benefit. In that case he would be the settlor, trustee, and beneficiary all at the same time.

  1. What is a trustee?The trustee is the person (or people) who holds legal title to the property that is in the trust. The trustee’s job is to manage the property in the trust for the benefit of the beneficiaries in the way the settlor has asked.
  2. What powers does a trustee have?A trustee has all the powers listed in the trust document, unless they conflict with California law or unless a court order says otherwise. The trustee must collect, preserve and protect the trust assets.To do this, the trustee can ordinarily:
    • make reasonable repairs,
    • insure the property,
    • sell assets,
    • make prudent investments,
    • pay certain administrative bills and expenses, and
    • make distributions and payments to the beneficiaries according to the trust document.

    To read more about the law on a Trustee’s powers, refer to the California Probate Code .

  3. What duties does a trustee have?The law says that in general the trustee must:
    • Do what the trust document says as long as it is legal;
    • Do only things that benefit the beneficiaries;
    • Not favor one beneficiary over another;
    • Avoid conflicts of interest with the beneficiaries
    • Never use trust property or the trustee’s powers for personal benefit, unless the trust authorizes it;
    • Keep trust property separate from property owned by anyone else;
    • Not delegate to others anything they can reasonably do themselves (if the trustee must delegate some duties, s/he must supervise what the delegated person does);
    • Administer and invest the assets of the trust with reasonable care and skill to protect the trust and to accomplish the purposes of the trust as determined from the trust instrument;
    • Diversify investments unless under the circumstances it would not be prudent to do so;
    • Keep detailed records and give periodic reports and/or accountings to the beneficiaries as required by California law. See Probate Code Sections 16060 – 16069 External link icon and Sections 1060 -1064);
    • Make proper determinations of what is income versus principal when the trust directs that they be distributed differently as required by Probate Code Sections 16220 -16375.
  4. What does a trustee need to do when the settlor dies?When the settlor dies, the trustee has other duties:Written Acceptance of Trusteeship and/or Certification of Trust: If the settlor was acting as trustee of his or her own trust, the new trustee (called a “successor trustee”) should sign an Acceptance of Trusteeship confirming that he or she has accepted his or her nomination by the settlor to act as the successor trustee.

    A successor trustee may also find it helpful to sign a Certification of Trust under Probate Code Section 18100.5 . Either of these may be used in effect as the successor’s “license” to act on behalf of the trust, i.e., one or both of these are often used to prove to financial institutions or other third parties that the person has the authority to act as trustee.

    Notice to beneficiaries and heirs: If the trust becomes irrevocable when the settlor dies, the trustee has 60 days after becoming a trustee or 60 days after the settlor’s death, whichever happens later, to give written notice to all beneficiaries of the trust and to each heir of the decedent.

    The notice must provide this information:

    • The settlor’s name and the date the trust was signed;
    • The name, address and telephone number of each trustee of the trust;
    • The address where the administration of the trust will take place;
    • Any additional information the trust document might require;
    • That the recipient can ask for and receive from the trustee a complete copy of the trust; and
    • That the recipient has a deadline of 120 days after receiving the notice, or 60 days after a copy of the trust is mailed or served upon the recipient, whichever is later, to start a legal action to object to the trust.

    For more information, see California Probate Code Section 16061.7.

    Notice to Assessor’s Office: If the trust property includes real estate or a manufactured (e.g. mobile) home that is subject to property taxation in California, the trustee must give written notice to the Assessor’s Office of the county where such property is located within 150 days of the settlor’s death.

    For more information, see California Revenue and Taxation Code Section 480(b).

    Notices to Victim Compensation Board and Director of Health Services: If the settlor may have received health care benefits from the State of California (e.g., from Medi-Cal), the trustee must give written notice of the Settlor’s death to the Director of Health Services within 90 days after the settlor’s death (Probate Code Code Section 215 ).

    Further, if any of the any of the settlor’s heirs (e.g., trust beneficiaries) are confined in a prison or other correctional facility, the trustee must give written notice to the Director of the California Victim Compensation and Government Claims Board within 90 days of the settlor’s death (Probate Code Section 216 ).

    Inventory and determine value of assets: If there is no court-appointed executor for the estate of the deceased settlor, in most case the trustee must make an inventory and determine the value of all the settlor’s assets as of the date of death (whether or not the assets were in the trust). This may often require formal appraisals of assets that do not have a readily determinable value, such as real estate or business interests.

    The trustee does this to see if federal and/or state estate tax returns need to be filed. If they do, the trustee will need to make sure the return(s) get filed and that any taxes owing get paid within nine months of the settlor’s death.

    The inventory and valuation of the trust assets are also important for purposes of fulfilling the trustee’s duty to ultimately prepare and submit to the beneficiaries an appropriate written accounting as required under Probate Code Sections 16062-16064 .

    Follow trust instructions: The trustee also must do anything the trust instructs (unless what is instructed might be against the law). Often, the trust says the successor trustee will take care of paying for the settlor’s funeral expenses, and the settlor’s outstanding debts (like, recent medical expenses and credit card bills), and then distribute what is left to the beneficiaries of the trust.

    Sometimes, the beneficiaries have the right to get most or all their inheritance through the trust within days or weeks of the settlor’s death.

    In other cases, the trustee may delay distributing property in order to:

    • Sell property to pay the settlor’s final bills or taxes,
    • Calculate the distribution required by the trust, or
    • Determine if there will be other debts or taxes to pay at a later date.

    Some trusts say the trustee cannot distribute the assets for a certain number of years, or until the death of someone else. In these cases, the trustee is responsible for investing the assets of the trust, perhaps making periodic distributions to the beneficiaries (if allowed or required by the trust), until all assets of the trust are distributed to the beneficiaries.

    Attend to Tax Issues: Unless there is a court appointed executor of the settlor’s estate (e.g., in order to administer assets that the settlor did not have in his or her trust), as mentioned above, the trustee will be responsible to evaluate whether any estate tax returns are required to be filed, and to make sure that they are properly and timely prepared and filed, and that any estate taxes owing are paid within 9 months of the settlor’s death.

    In addition, the trustee will likely have the duty to ensure that the settlor’s income tax returns (e.g., final State and Federal income tax returns for the calendar year during which the settlor died) are duly filed and prepared, and that any income taxes due are timely paid. Further, the trustee will need to arrange for the preparation and filing of the trust’s income tax returns to properly report income that was earned after the settlor died and before the trust assets are all distributed out to the beneficiaries.

    Incident to doing this it will usually be necessary to apply for and obtain a new tax ID number for the trust from the IRS (kind of like a “social security number” for the trust). That number should be given to the financial institutions holding the trust’s assets so that each financial institution will ultimately report the interest and dividend income on the trust’s tax ID number (instead of, for example, the settlor’s or the successor trustee’s social security number).

  5. What is a trust “beneficiary”?A beneficiary of a trust is a person who by the terms of the trust has the current or future right to have the trustee pay out cash or other trust property to him or her. He or she is one of the people for whom the trust was established.
  6. What rights does a beneficiary of a trust Have?Unless the trust is revocable by someone else (like a revocable living trust while the settlor is still alive), the beneficiary has the following rights, in addition to any rights listed in the trust:
    • The right to receive notice of the existence of the trust.
    • The right to receive a copy of the trust.
    • The right to receive trust accountings and information about the beneficiary’s interests in the trust.
    • The right to enforce the terms of the trust and to hold the trustee accountable for any wrongful acts or omissions that affect that beneficiary’s interests.
  7. When does a trust end?Unless it has been legally revoked, a trust usually ends only when the trust document says it will end. Trusts usually end when the settlor dies or when one of the beneficiaries dies, but sometimes a trust ends after a certain period of time or after a certain event takes place, like when a beneficiary gets married or reaches a certain age.There are other reasons a trust can end, however. Here are some:
    • The term of the trust expires,
    • The trust purpose is fulfilled,
    • The trust purpose becomes illegal,
    • The trust purpose becomes impossible to fulfill, or
    • The trust is revoked.

    If the trust ends, the trustee will continue to act as trustee until s/he finishes up the affairs of the trust.

  8. Can a trust be canceled or amended?Unless the settlor made the trust irrevocable when s/he created the trust, the settlor can cancel or change the trust. Even if a trust is irrevocable, it is possible that it can be changed in one of the following situations:If all beneficiaries consent:

    The law says that if all beneficiaries consent, they can petition the Court to change or end the trust.

    The Court will consider:

    • if the trust must continue in order to carry out the purpose of the trust
    • if the reason for changing or ending the trust outweighs the interest in carrying out the purpose of the trust

    If the settlor and all beneficiaries consent:

    The law says if the settlor and all beneficiaries consent, they can change or end the trust.

    If any beneficiary does not consent to change or end the trust, the other beneficiaries, with the consent of the settlor, can petition the Court to partially change or end the trust as long as the interests of the beneficiaries who do not consent are not seriously affected.

    If the trust has uneconomically low principal
    :

    If the Court decides it is costing more to administer the trust than the trust is worth, the beneficiary or trustee can ask the Court to end or change the trust, or appoint a new trustee.

    If the trust principal is worth $20,000 or less, the trustee can end the trust.

    Change or end the trust if circumstances change:

    The law says the Court may change or end a trust if circumstances have changed and continuing the trust would defeat or weaken the trust.

  9. What if the trustee won’t tell me what is going on?The trustee must keep the beneficiaries informed about the trust and its administration. If you make a reasonable request for information, the trustee must give you a report about the assets, liabilities, receipts and disbursements of the trust, what the trustee has done, money paid to the trustee, any agents hired by the trustee, their relationship to the trustee and any pay they received, and information about your interest, including a copy of the trust.If you waived (gave up) your right to information, you can withdraw your waiver in writing and get the most recent report and all future reports. If it has been 60 days or more since your written request for a report and the trustee hasn’t given you a report, you can file a petition to ask the Court to make the trustee file a report. Even if the trust itself says the trustee does not have to give you a report, the Court can make the trustee give you a report if you show that the trustee may have violated his/her duties.

    If the trust is revocable, or if you waived in writing your right to a report, the trustee does not have to provide information unless the trust document says s/he must.

  10. What can the Court do if the trustee is not doing his or her job?The Court can remove a trustee and make the trustee pay the beneficiaries for any loss to the trust. Sometimes the Court will remove the trustee or suspend the trustee’s powers while the case is pending if there is reason to believe the beneficiaries’ interests are at risk.Some trust documents say the trustee will be liable only for willful misconduct or gross negligence. However, California law is more strict, and the Court can remove a trustee for any of the following reasons:
    • Breach of trust;
    • Trustee has more debts than assets or is otherwise unfit to act as trustee;
    • The trust cannot be administered because of hostility or lack of cooperation between co-trustees;
    • The trustee does not want to be the trustee;
    • The trustee’s payment is excessive;
    • The law says some people must be disqualified from serving as a sole trustee. The people who cannot serve as a sole trustee are listed in Probate Code Section 21350.

    The beneficiary has three years from the date of receiving the trustee’s report to ask the Court to remove the trustee for any causes for removal that might be revealed by the report.

    For more information, see Probate Code Section 17200.

  11. Can a trustee resign?Yes. If a trustee wants to resign, s/he can do so:
    • As explained in the trust document;
    • If the trust is revocable, by getting the person who has the power to revoke the trust to consent;
    • If the trust is irrevocable, by consulting with all adult beneficiaries; or
    • By getting a Court order after filing a petition asking the Court for permission to resign.

    Unless the beneficiaries say they do not want one, the trustee must file an accounting of all trust transactions while he or she was acting as trustee.

  12. What if the acting trustee dies or resigns or can no longer be the trustee?If a trustee dies or resigns, is conserved or is declared “incompetent” by a court, or files for bankruptcy, then the trustee can no longer act as trustee and must be replaced.Some trusts have two or more co-trustees and the trust may say that the remaining co-trustee will be the sole trustee, or may say how a new trustee will be appointed.

    If the vacancy cannot be filled, then a trust company may agree to serve if all adult beneficiaries agree. If that fails, any person who has a financial stake in the trust or any person named as trustee can file a petition to have a trustee appointed.

    Any beneficiary who is 14 years of age or older can nominate a trustee, even though a minor under the age of 18 is not legally qualified to serve as trustee.

    The public guardian cannot

  13. be appointed as trustee of any trust unless the Court finds that no other qualified person is willing to act as trustee.
  14. How can I find out if someone has a trust?If you have legal access to the person’s files and papers, look through them to see if there are any trust documents, or any references to a trust. Look for copies of deeds, bank or securities account statements that name a trust as the owner, or a Will that refers to a trust. Also look for papers that name an attorney, and call the attorney to see if he or she has any record of a trust.You can also visit the County Clerk-Recorder’s Office or contact the County Assessor’s Office to see the title on real estate owned by the person to see if it is held in the name of a trust.
  15. How do I know if a particular asset is in the trust or not?To know if someone’s house or other real property is in a trust, go to the County Clerk-Recorder’s Office or contact the Public Service Unit of the County Assessor’s Office at (408) 299-5500.It is not easy to trace the ownership of bank accounts, brokerage accounts, and personal property. Only the owner has a right to get copies of statements from a bank or other institution.
  16. What happens if the settlor dies without having put some of his or her assets in the trust?If a settlor listed property on a schedule when they created the trust (showing their intent to put the property in the trust) but dies without changing the title to the property, the trustee can petition the Court to include the property as part of the trust.For more information, read Probate Code Section 17200.

  17. Can I challenge or contest a trust?Yes. But, first read the trust carefully and talk to a lawyer experienced with trusts. If you challenge a trust and lose, you may lose your right to receive property from the trust.Here are common reasons to challenge a trust:
    • You believe the settlor was pressured into creating or signing the trust.
    • You think the settlor was not competent when s/he signed the trust.
    • The person (other than the settler) who helped set up the trust will benefit from the trust.
  18. What if the settlor or a beneficiary of the trust owes me money?If the trust document says that a beneficiary’s share of the trust income or principal cannot be transferred (a spendthrift provision), you cannot collect money owed to you until the income or principal is actually paid to the beneficiary. But, you can petition the Court to order the trustee to pay you from the trust assets due to the beneficiary.See Probate Code Section 15300, et seq.

    If the settlor owes you money and the settlor has the power to revoke the trust in whole or in part, you can make a claim against the property during the settlor’s lifetime.

    In some cases, you can make a claim against the settlor for the maximum amount available to the settlor under the terms of the trust, up to all of the property contributed by the settlor to the trust.

    See Probate Code Section 18200.

    If the deceased settlor of a revocable trust owes you money, and there is not enough money in the probate estate to pay your claims, you must make a claim against the probate estate.

    If you win, your claim will be paid from the property in the trust.

    If no probate petition has been filed with the Court, and the trustee has not filed a Notice To Creditors with the court and published it, you can file your own petition to open a probate estate and file your claim in Probate Court.

    If the trustee has filed and published a Notice to Creditors, and sent a copy of the Notice to creditors the trustee knows or should know about, you must file your claim with the court within 4 months after the publication of the Notice, or within 30 days after the Notice is mailed or personally delivered to you, whichever is later.

    Also, mail a copy of your claim to the trustee. If the trustee rejects your claim, you will have to file a lawsuit against the trustee to get your money. There are time limits for you to file. See Probate Code Section 19255. General Statutes of Limitations may also prevent you from successfully pursuing your claim if you wait too long.

    For example, unless extended by a timely filed claim pursuant to the creditor’s claims procedures mentioned above, there is a general time limit of one year from a decedent’s death to file suit against a decedent’s estate or trust (Code of Civil Procedure Section 366.2.) Consult with a lawyer about these other possible time limits.

    The trustee has the right to allow or reject your claim. After the claim filing period ends, the trustee can file a petition to ask the Court to allow a compromise, settle claims that have not been rejected, or to allocate the claims if two or more trusts may be liable for the claim.

    If you do not file a claim during the claim filing period and do not obtain court approval to file a late claim, or you do not file an objection to the trustee’s petition to approve claims, you will not be allowed to take any further action to collect the debt. The Court’s order will be binding on all claimants and beneficiaries who had notice of the petition.

  19. Can the Court help me if I have a question or concern about the proper interpretation of the trust or how the trustee is administering the trust?The law says that unless the trust is revocable, a trustee or beneficiary can petition the Court about the internal affairs of the trust or to ask if the trust exists.Petitioning the Court is complicated. Talk to a qualified lawyer before filing a petition. You can find a probate lawyer from the membership list of the Silicon Valley Bar Association’s website . You can also get a referral to a lawyer from the Local Bar Association External Link icon in Santa Clara County. Their phone number is 408-971-6822.

    Your petition can ask the Court to do many things, including:

    • Determine the validity of terms of the trust.
    • Identify the beneficiaries and determine who gets property, and when they get it, if the trust does not specify that information.
    • Settle the accounts and review the acts of the trustee.
    • Tell the trustee to do something, like report about the trust or account to the beneficiary.
    • Grant powers to the trustee.
    • Determine or review a trustee’s pay.
    • Appoint or remove a trustee or accept a trustee’s resignation.
    • Make the trustee pay for losses to the trust or a beneficiary that are the trustee’s fault.
    • Approve or direct a change in the trust, or end the trust.
    • Approve or direct combining or dividing trusts.
    • Change the trust to make a decedent’s estate qualify for the charitable estate tax deduction under federal law.
    • Authorize transfer of a trust or trust property to or from another state or country.
    • Direct transfer of a testamentary trust from one county to another.
    • Approve removal of a testamentary trust from court supervision.
    • Determine the reasonableness of payments for legal services.

    You can petition the Court for other reasons, too. For more information read California Probate Code Section 17200.

    The law says the trustee or any interested person can file a petition if:

    • The trustee has or holds title to real or personal property, and another person makes a claim against all or some part of that property.
    • Another person has or holds title to real or personal property and the trustee makes a claim against all or some part of that property.
    • A creditor of the settlor of the trust makes a claim against the trust.

    See California Probate Section 17200.1 and Section 850.

    SOURCE: http://www.scscourt.org/

How do you find or locate a lost will in Agoura Hills California?

How do you find or locate a lost will in Agoura Hills California?

Woodland Hills Ca attorney, Mina Sirkin, handles admissions of lost wills in court in California, and helps families locate a lost will.   Agoura Hills residents who inquire about a lost will should note that California has a rebuttable presumption regarding destruction of wills which were last in the decedent’s possession.

LEARN MORE ABOUT FINDING A LOST WILL IN CALIFORNIA:

1.  Look in Decedent’s home.  Ask the neighbors and caregivers.

2.  Look in the deceased’s safety deposit box.

3.  Ask any known attorney of the decedent.

4.  Ask the CPA.

5.  Look for things that many not look like a will.   Notebooks with writings.  Journals.  Loose papers of the decedent.

6.  Go to the Courthouse (Los Angeles County Probate Court) and ask the registrar of wills if a will has been placed there for safekeeping.

7.  Look for handwritten wills.  They may be on plain paper, or a will may have even been written on a napkin!  These are called holographic wills and can be very useful.

Mina Sirkin is an attorney in California who has spent the last 25 years helping families find peace, and file wills  in probate estates in California.  Contact: MSirkin@SirkinLaw.com or call 818.340.4479.  Web: LosAngelesProbateLawyer.com.

Sirkin Law Group’s probate attorneys and lawyer regularly serve the following cities and areas in Los Angeles County, Ventura County, Orange County, Santa Barbara County. San Fernando Valley; Agoura Hills Lost will,  Agoura lost will, Bell Canyon,Woodland Hills Calabasas Conservatorship & Elder Law, Complex Conservatorships, Complex Estates, Contested Conservatorship Litigation Woodland Hills & Los angeles,  Hidden Hills, Elder Law Woodland Hills, Conservatorship Woodland Hills,  West Hills, Los Angeles, Glendale, ProbateAttorneyLosAngeles, LosAngelesProbateAttorney, Calabasas, Woodland Hills Elder Law, Agoura, El Segundo, Weschester, Marina Del Rey, Venice, San Marino, Altadena, Eagle Rock, Alhambra, Downtown Los Angeles, Van Nuys, Pasadena, Studio City, West Los Angeles, Beverly Hills, Burbank, LosAngeles, Encino, Tarzana, Woodland Hills, Reseda, North Hills, West Hills, Winnetka, Agoura Hills, Sunland, Studio City, Universal City, North Hollywood, Sylmar, Northridge, North Hills, Granada Hills, Pacoima, Simi Valley, Canoga Park, Woodland Hills Conservatorship Attorney, East Los Angeles, Woodland Hills Elder Law Attorney,  West Hollywood, West Los Angeles, Chatsworth, Santa Monica, Culver City, Los Angeles, Woodland Hills Elder Law, West Hollywood, Anaheim,   If you have a possible probate of a lost will, contact us at 818.340.4479.

 

How do you locate a lost will in California? San Fernando Valley Probate Lawyer

Many People ask us how to locate a lost will in California?

Woodland Hills Ca attorney, Mina Sirkin, handles admissions of lost wills in court in California, and helps families locate the lost will.

DO YOU WANT TO LEARN ABOUT THE ART OF SEARCHING FOR A WILL IN CALIFORNIA?

1.  Look in Decedent’s home.  Ask the neighbors and caregivers.

2.  Look in the deceased’s safety deposit box.

3.  Ask any known attorney of the decedent.

4.  Ask the CPA.

5.  Look for things that many not look like a will.   Notebooks with writings.  Journals.  Loose papers of the decedent.

6.  Go to the Courthouse (Los Angeles County Probate Court) and ask the registrar of wills if a will has been placed there for safekeeping.

7.  Look for handwritten wills.  They may be on plain paper, or a will may have even been written on a napkin!  These are called holographic wills and can be very useful.

Mina Sirkin is an attorney in California who has spent the last 25 years helping families find peace, and file wills  in probate estates in California.  Contact: MSirkin@SirkinLaw.com or call 818.340.4479.  Web: LosAngelesProbateLawyer.com.

Sirkin Law Group’s probate attorneys and lawyer regularly serve the following cities and areas in Los Angeles County, Ventura County, Orange County, Santa Barbara County. San Fernando Valley; Bell Canyon,Woodland Hills Calabasas Conservatorship & Elder Law, Complex Conservatorships, Complex Estates, Contested Conservatorship Litigation Woodland Hills & Los angeles,  Hidden Hills, Elder Law Woodland Hills, Conservatorship Woodland Hills,  West Hills, Los Angeles, Glendale, ProbateAttorneyLosAngeles, LosAngelesProbateAttorney, Calabasas, Woodland Hills Elder Law, Agoura, El Segundo, Westchester, Marina Del Rey, Venice, San Marino, Altadena, Eagle Rock, Alhambra, Downtown Los Angeles, Van Nuys, Pasadena, Studio City, West Los Angeles, Beverly Hills, Burbank, LosAngeles, Encino, Tarzana, Woodland Hills, Reseda, North Hills, West Hills, Winnetka, Agoura Hills, Sunland, Studio City, Universal City, North Hollywood, Sylmar, Northridge, North Hills, Granada Hills, Pacoima, Simi Valley, Canoga Park, Woodland Hills Conservatorship Attorney, East Los Angeles, Woodland Hills Elder Law Attorney,  West Hollywood, West Los Angeles, Chatsworth, Santa Monica, Culver City, Los Angeles, Woodland Hills Elder Law, West Hollywood, Anaheim, Playa Del Rey,, Marina Del Rey, Conservatorship, Woodland Hills, Venice, Santa Monica, Malibu, Culver City, Elder Law Conservatorship Woodland Hills Calabasas, Manhattan Beach, Hermosa Beach, Redondo Beach, Los Angeles California, Trust Litigation La County, Torrance, Pacific Palisades, LosAngelesProbate, Pasadena, Glendale, Burbank, Long Beach, Newport Beach, Costa Mesa,Irvine, Laguna, Laguna Hills, Laguna Niguel, Newport Beach, Tustin, Fullerton, Los Angeles, Santa Ana, Los Angeles and Santa Barbara. Westlake Village, Thousand Oaks, Sherman Oaks, Studio City.   Practice areas: Los Angeles Probate Attorney, Probate Attorney Los Angeles, CA Probate Law, Probate Litigation Los Angeles, Trust Litigation Los Angeles, Probate Lawyer Los Angeles. Probate, Trust, Conservatorship, Special Needs Trusts, Los Angeles Conservatorship Attorney, Estate Planning, Conservatorship Litigation, Trust Litigation, and Probate Litigation areas. Los Angeles Probate Lawyer & Probate Attorney Los Angeles.  If you have a possible probate of a lost will, contact us at 818.340.4479.

 

 

How to find a will in California? Los Angeles County Probate Lawyer

DO YOU WANT TO LEARN HOW TO FIND A WILL IN CALIFORNIA?

1.  Look in Decedent’s home.

2.  Look in the deceased’s safety deposit box.

3.  Ask any known attorney of the decedent.

4.  Ask the CPA.

5.  Look for things that many not look like a will.   Notebooks with writings.  Journals.  Loose papers of the decedent.

6.  Go to the Courthouse (Los Angeles County Probate Court) and ask the registrar of wills if a will has been placed there for safekeeping.

7.  Look for handwritten wills.  They may be on plain paper, or a will may have even been written on a napkin!  These are called holographic wills and can be very useful.

Mina Sirkin is an attorney in California who has spent the last 25 years helping families find peace, and file wills  in probate estates in California.  Contact: MSirkin@SirkinLaw.com or call 818.340.4479.  Web: LosAngelesProbateLawyer.com.

Sirkin Law Group’s probate attorneys and lawyer regularly serve the following cities and areas in Los Angeles County, Ventura County, Orange County, Santa Barbara County. San Fernando Valley; Bell Canyon,Woodland Hills Calabasas Conservatorship & Elder Law, Complex Conservatorships, Complex Estates, Contested Conservatorship Litigation Woodland Hills & Los angeles,  Hidden Hills, Elder Law Woodland Hills, Conservatorship Woodland Hills,  West Hills, Los Angeles, Glendale, ProbateAttorneyLosAngeles, LosAngelesProbateAttorney, Calabasas, Woodland Hills Elder Law, Agoura, El Segundo, Westchester, Marina Del Rey, Venice, San Marino, Altadena, Eagle Rock, Alhambra, Downtown Los Angeles, Van Nuys, Pasadena, Studio City, West Los Angeles, Beverly Hills, Burbank, LosAngeles, Encino, Tarzana, Woodland Hills, Reseda, North Hills, West Hills, Winnetka, Agoura Hills, Sunland, Studio City, Universal City, North Hollywood, Sylmar, Northridge, North Hills, Granada Hills, Pacoima, Simi Valley, Canoga Park, Woodland Hills Conservatorship Attorney, East Los Angeles, Woodland Hills Elder Law Attorney,  West Hollywood, West Los Angeles, Chatsworth, Santa Monica, Culver City, Los Angeles, Woodland Hills Elder Law, West Hollywood, Anaheim, Playa Del Rey,, Marina Del Rey, Conservatorship, Woodland Hills, Venice, Santa Monica, Malibu, Culver City, Elder Law Conservatorship Woodland Hills Calabasas, Manhattan Beach, Hermosa Beach, Redondo Beach, Los Angeles California, Trust Litigation La County, Torrance, Pacific Palisades, LosAngelesProbate, Pasadena, Glendale, Burbank, Long Beach, Newport Beach, Costa Mesa,Irvine, Laguna, Laguna Hills, Laguna Niguel, Newport Beach, Tustin, Fullerton, Los Angeles, Santa Ana, Los Angeles and Santa Barbara. Westlake Village, Thousand Oaks, Sherman Oaks, Studio City.   Practice areas: Los Angeles Probate Attorney, Probate Attorney Los Angeles, CA Probate Law, Probate Litigation Los Angeles, Trust Litigation Los Angeles, Probate Lawyer Los Angeles. Probate, Trust, Conservatorship, Special Needs Trusts, Los Angeles Conservatorship Attorney, Estate Planning, Conservatorship Litigation, Trust Litigation, and Probate Litigation areas. Los Angeles Probate Lawyer & Probate Attorney Los Angeles

 

What happens when someone dies without a will in California?

            If someone dies without a will in California, they are said to have died “intestate.”    California has a set of default inheritance rules, called intestate succession, or commonly referred to as intestacy, when someone dies and there is no will.
            Before the default intestacy rules are implemented, the account beneficiary designations, joint tenancies, and other beneficiary accounts get transferred to the named beneficiary of the account.  In essence, the assets that pass through the default inheritance laws in California, take effect after the beneficiary designations have been satisfied.
           If you do not want to fall into the default intestate succession rules in California, make a will or trust!

          If you are married for example, under the intestate rules, your spouse will get 100% of your community assets.  Community property assets are those which were acquired during the marriage, but not a gift or inheritance which were previously left to the decedent.   If the assets are separate property, California gives the surviving spouse some of it, and leaves some to the children.  The percentages that each get depends on how many children exist.

        What if you die, are married, and have no children?  Then your surviving spouse gets it all.  Registered Domestic Partners are treated the same as spouses in California

        What if you die, are married, have separate property, and one child?  Your spouse will get 1/2 and your child will get 1/2.

         What if you die, are married, have separate property, and more than one child?  Then, your spouse gets 1/3 and your children will share 2/3 of the estate.

        What if you die, and are unmarried, but have children?  Then, your children will get all of your estate.

        What if you die, are unmarried, and have no children?  Then, your assets go to your heirs at law.

         Who are your heirs at law in California?   They are defined as parents, siblings, and other relatives, in a certain order.

         So what if you do not have a good relationship with your spouse or children?

It is best to see an attorney to create a will or trust, to designate exactly how you want your assets distributed.   If you do not a spouse or children, you should check to see if you have a good relationship with your parents, or siblings, and other heirs at law.  If you don’t like the people who are the heirs at law, be sure to have a will or trust, to direct the disposition of assets.

        Why is is important to have a valid estate plan?  It is important to have a valid estate plan, because it lets you direct who gets your property when you die, and gives you peace of mind.

        Call Mina Sirkin, Specialist Estate Planning attorney in Los Angeles County for a free consultation at 818.340.4479 or email MSirkin@SirkinLaw.com .

 

 

 

 

Things to Know When You Want to Remove a Trustee in Los Angeles California

CA PROBATE CODE 15642.  REMOVAL OF A TRUSTEE IN LOS ANGELES CALIFORNIA

METHODS FOR REMOVING A TRUSTEE IN CALIFORNIA:

  1. By checking the trust document first.
  2. The Court on its own motion may remove a trustee;
  3. By a Petition by a settlor, co-trustee or beneficiary under Probate Code 17200

WHO CAN REMOVE, OR ASK TO REMOVE A TRUSTEE IN LOS ANGELES CALIFORNIA?

A.   The Court;
B.   Settlor;
C.   Co-Trustee;
C.   Beneficiary by Petition.

WHAT ARE GROUNDS OR REASONS TO REMOVE A TRUSTEE, AND TO REPLACE HIM/HER? 

(b) The grounds for removal of a trustee by the court include the following:
(1) Where the trustee has committed a breach of the trust.
(2) Where the trustee is insolvent or otherwise unfit to administer the trust.
(3) Where hostility or lack of cooperation among cotrustees impairs the administration of the trust.
(4) Where the trustee fails or declines to act.
(5) Where the trustee’s compensation is excessive under the circumstances.
(6) Where the sole trustee is a person described in subdivision (a) of Section 21350 or subdivision (a) of Section 21380, unless the court finds that it is consistent with the intent of the settlor.
(A) The settlor is related by blood or marriage to, or is a cohabitant with, any one or more of the trustees, the person who drafted or transcribed the instrument, or the person who caused the instrument to be transcribed.
(B) The instrument is reviewed by an independent attorney who (1) counsels the settlor about the nature of his or her intended trustee designation and (2) signs and delivers to the settlor and the designated trustee a certificate in substantially the following form:
“CERTIFICATE OF INDEPENDENT REVIEW
I,  _____ (attorney’s name) _____ , have reviewed
_____ (name of instrument) _____ and have counseled my client,
_____ (name of client) _____ , fully and privately on the nature and
legal effect of the designation as trustee of  _____ (name of trustee) _____
contained in that instrument. I am so disassociated from the interest of the person named as trustee as to be in a position to advise my client impartially and confidentially as to the consequences of the designation. On the basis of this counsel, I conclude that the designation of a person who would otherwise be subject to removal under paragraph (6) of subdivision (b) of Section 15642 of the Probate Code is clearly the settlor’s intent and thatintent is not the product of fraud, menace, duress, or undue influence.
_____ (Name of Attorney) _____  (Date) ”
This independent review and certification may occur either before or after the instrument has been executed, and if it occurs after the date of execution, the named trustee shall not be subject to removal under this paragraph. Any attorney whose written engagement signed by the client is expressly limited to the preparation of a certificate under this subdivision, including the prior counseling, shall not be considered to otherwise represent the client.
(C) After full disclosure of the relationships of the persons involved, the instrument is approved pursuant to an order under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4.
(7) If the trustee is substantially unable to manage the trust’s financial resources or is otherwise substantially unable to execute properly the duties of the office. When the trustee holds the power to revoke the trust, substantial inability to manage the trust’s financial resources or otherwise execute properly the duties of the office may not be proved solely by isolated incidents of negligence or improvidence.
(8) If the trustee is substantially unable to resist fraud or undue influence. When the trustee holds the power to revoke the trust, substantial inability to resist fraud or undue influence may not be proved solely by isolated incidents of negligence or improvidence.
(9) For other good cause.

ATTORNEYS FEES AND COSTS MAY BE AWARDED IN TRUSTEE REMOVAL ACTIONS IN CALIFORNIA, BUT ALSO MAY BE AWARDED, IF DONE IN BAD FAITH:

(c) If, pursuant to paragraph (6) of subdivision (b), the court finds that the designation of the trustee was not consistent with the intent of the settlor or was the product of fraud or undue influence, the person being removed as trustee shall bear all costs of the proceeding, including reasonable attorney’s fees.
(d) If the court finds that the petition for removal of the trustee was filed in bad faith and that removal would be contrary to the settlor’s intent, the court may order that the person or persons seeking the removal of the trustee bear all or any part of the costs of the proceeding, including reasonable attorney’s fees.
(e) If it appears to the court that trust property or the interests of a beneficiary may suffer loss or injury pending a decision on a petition for removal of a trustee and any appellate review, the court may, on its own motion or on petition of a cotrustee or beneficiary, compel the trustee whose removal is sought to surrender trust property to a cotrustee or to a receiver or temporary trustee. The court may also suspend the powers of the trustee to the extent the court deems necessary.
(f) For purposes of this section, the term “related by blood or marriage” shall include persons within the seventh degree.

When you are looking to remove a trustee, you should carefully consider the reasons for removal, and the risks of attorneys fees and costs in filing a petition to remove a trustee.   Mina Sirkin, a Board Certified Specialist Trust Attorney in Los Angeles, can assist you in evaluating your case, and guide you in trust litigation, including a petition to remove a trustee.  Call 818-340-4479 or Email: Info@SirkinLaw.com.

What to do if the executor’s name changes during probate administration in Los Angeles?

When an executor’s name has changed during the term of probate administration in Los Angeles, the executor’s attorney may file an ex parte application in court, asking the court to authorize issuance of an amended Letters Testamentary, or the Letters of Administration to reflect that there is a new name for the executor or administrator.   The executor or administrator must file an affidavit swearing to the change in name.    Then, an order amending letters needs to be prepared and issued, followed by an amended Letters.

The process of amending letters is not difficult.  For more information about amending letters testamentary, or letters of administration, contact: Mina Sirkin, probate attorney at 818-340-4479 or Email: Info@SirkinLaw.com.

Who will get the estate under Intestate succession, and how much will he or she get in California?

 

WILLS AND INTESTATE SUCCESSION 

INTESTATE SUCCESSION

Under intestate succession in California, how much is gotten, and who receives it is determined by the following rules:

CA PROBATE CODE 6400.

Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.

CA PROBATE CODE 6401.  INTESTATE SHARE OF A SPOUSE

(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.

(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.

(c) As to separate property, the intestate share of the surviving spouse is as follows:

(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.

(2) One-half of the intestate estate in the following cases:

(A) Where the decedent leaves only one child or the issue of one deceased child.

(B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them.

(3) One-third of the intestate estate in the following cases:

(A) Where the decedent leaves more than one child.

(B) Where the decedent leaves one child and the issue of one or more deceased children.

(C) Where the decedent leaves issue of two or more deceased children.

(Amended by Stats. 2014, Ch. 913, Sec. 32. Effective January 1, 2015.)

CA PROBATE CODE 6402. INTESTATE SHARE NOT PASSING TO SPOUSE IS DISTRIBUTED AS FOLLOWS, EXCEPT IN PC 6402.5:

Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows:

(a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(b) If there is no surviving issue, to the decedent’s parent or parents equally.

(c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of those grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(f) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.

(g) If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of those parents, to the parent or parents equally, or to the issue of those parents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(Amended by Stats. 2014, Ch. 913, Sec. 32.5. Effective January 1, 2015.)

CA PROBATE CODE 6402.5.  PREDECEASED SPOUSE WHO DIED NO MORE THAN 15 YEARS BEFORE DECEDENT

(a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows:

(1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally.

(3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.

(5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.

(b) For purposes of distributing personal property under this section if the decedent had a predeceased spouse who died not more than five years before the decedent, and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows:

(1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally.

(3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

(4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.

(5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.

(c) For purposes of disposing of personal property under subdivision (b), the claimant heir bears the burden of proof to show the exact personal property to be disposed of to the heir.

(d) For purposes of providing notice under any provision of this code with respect to an estate that may include personal property subject to distribution under subdivision (b), if the aggregate fair market value of tangible and intangible personal property with a written record of title or ownership in the estate is believed in good faith by the petitioning party to be less than ten thousand dollars ($10,000), the petitioning party need not give notice to the issue or next of kin of the predeceased spouse. If the personal property is subsequently determined to have an aggregate fair market value in excess of ten thousand dollars ($10,000), notice shall be given to the issue or next of kin of the predeceased spouse as provided by law.

(e) For the purposes of disposing of property pursuant to subdivision (b), “personal property” means that personal property in which there is a written record of title or ownership and the value of which in the aggregate is ten thousand dollars ($10,000) or more.

(f) For the purposes of this section, the “portion of the decedent’s estate attributable to the decedent’s predeceased spouse” means all of the following property in the decedent’s estate:

(1) One-half of the community property in existence at the time of the death of the predeceased spouse.

(2) One-half of any community property, in existence at the time of death of the predeceased spouse, which was given to the decedent by the predeceased spouse by way of gift, descent, or devise.

(3) That portion of any community property in which the predeceased spouse had any incident of ownership and which vested in the decedent upon the death of the predeceased spouse by right of survivorship.

(4) Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship.

(g) For the purposes of this section, quasi-community property shall be treated the same as community property.

(h) For the purposes of this section:

(1) Relatives of the predeceased spouse conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.

(2) A person who is related to the predeceased spouse through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.

(Enacted by Stats. 1990, Ch. 79.)

CA PROBATE CODE 6403.  HEIR MUST SURVIVE BY 120 DAYS

(a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be an heir has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.

(b) This section does not apply to the case where any of the persons upon whose time of death the disposition of property depends died before January 1, 1990, and such case continues to be governed by the law applicable before January 1, 1990.

(Enacted by Stats. 1990, Ch. 79.)

CA PROBATE CODE 6404.  ESCHEAT HAPPENS WHEN THERE IS NO ONE ELSE

Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part.

(Enacted by Stats. 1990, Ch. 79.)

CA PROBATE CODE 6406.  HALF-BLODDS INHERIT JUST THE SAME AS WHOLE BLOODS

Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.

(Amended by Stats. 1993, Ch. 529, Sec. 3. Effective January 1, 1994.)

CA PROBATE CODE 6407.   IF CONCEIVED BEFORE DEATH, CHILD INHERITS AS AN HEIR

Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.

(Enacted by Stats. 1990, Ch. 79.)

CA PROBATE CODE 6409. PROPERTY GIVEN DURING LIFETIME AS ADVANCEMENT UNDER CERTAIN CONDITIONS

(a) If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir is treated as an advancement against that heir’s share of the intestate estate only if one of the following conditions is satisfied:

(1) The decedent declares in a contemporaneous writing that the gift is an advancement against the heir’s share of the estate or that its value is to be deducted from the value of the heir’s share of the estate.

(2) The heir acknowledges in writing that the gift is to be so deducted or is an advancement or that its value is to be deducted from the value of the heir’s share of the estate.

(b) Subject to subdivision (c), the property advanced is to be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first.

(c) If the value of the property advanced is expressed in the contemporaneous writing of the decedent, or in an acknowledgment of the heir made contemporaneously with the advancement, that value is conclusive in the division and distribution of the intestate estate.

(d) If the recipient of the property advanced fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue unless the declaration or acknowledgment provides otherwise.

(Amended by Stats. 2002, Ch. 138, Sec. 8. Effective January 1, 2003.)

CA PROBATE CODE 6410.  DEBTS CHARGED AGAINST DEBTOR, UNLESS HE DIES.

(a) A debt owed to the decedent is not charged against the intestate share of any person except the debtor.

(b) If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue.

(Enacted by Stats. 1990, Ch. 79.)

CA PROBATE CODE 6411.  YOU CAN INHERIT FROM AN ALIEN!!!

No person is disqualified to take as an heir because that person or a person through whom he or she claims is or has been an alien.

(Enacted by Stats. 1990, Ch. 79.)

CALIFORNIA PROBATE CODE 6412.  NO DOWER AND CURTESY IN CALIFORNIA EXCEPT IN PC 120.

Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized.

(Enacted by Stats. 1990, Ch. 79.)

CALIFORNIA PROBATE CODE 6413.

A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.

(Enacted by Stats. 1990, Ch. 79.)

CALIFORNIA PROBATE CODE 6414.   FOR DEATHS AFTER JAN. 1, 1985:

(a) Except as provided in subdivision (b), this part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent died before January 1, 1985.

(b) Section 6412 applies whether the decedent died before, on, or after January 1, 1985.

(c) Where any of the following provisions is applied in a case where the decedent died before January 1, 1985, any reference in that provision to this part shall be deemed to be a reference to former Division 2 (commencing with Section 200) which was repealed by Section 19 of Chapter 842 of the Statutes of 1983:

(1) Section 377 of the Code of Civil Procedure.

(2) Section 3524 of the Penal Code.

(Enacted by Stats. 1990, Ch. 79.)

 

Will you inherit from your deceased spouse if there is no will?

Intestate Succession in Los Angeles, California  
If your spouse dies without a will, the amount you will inherit from the estate, will depends on the character of the property.  Intestate Succession attorneys in Los Angeles advise clients regarding how distribution of assets are done, when there is no will in California.   Instate succession distributions can be complex and fact based, and should always be done with consultation with an attorney.
Probate Code 6401.  

(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.

(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.

(c) As to separate property, the intestate share of the surviving spouse is as follows:

(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.

(2) One-half of the intestate estate in the following cases:

(A) Where the decedent leaves only one child or the issue of one deceased child.

(B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them.

(3) One-third of the intestate estate in the following cases:

(A) Where the decedent leaves more than one child.

(B) Where the decedent leaves one child and the issue of one or more deceased children.

(C) Where the decedent leaves issue of two or more deceased children.

(Amended by Stats. 2014, Ch. 913, Sec. 32. Effective January 1, 2015.)

For more information about intestacy or intestate succession in Los Angeles, call Mina Sirkin, Probate Attorney in Los Angeles, at 818-340-4479 or email: Info@sirkinlaw.com.