Reverse Mortgage and Probate in California Are you curious how a reverse mortgage is handled in probate? Do you know what a reverse mortgage is? Reverse mortgages are like traditional mortgages. If the homeowner dies, the reverse mortgage becomes due and payable in full. As a result, the estate beneficiaries must act promptly to pay off the loan amount to prevent [...] By Sandra McCarthy|November 11th, 2016|Probate, Estate Planning|2 Comments Read More
When a Minor Child Inherits Property It is not uncommon for a minor child to be named as a beneficiary in a will. In California, minor children are not allowed to inherit large sums of money outright. When a minor child inherits property, a guardian of the child’s estate must be appointed until the child turns 18-years-old or is deemed mature [...] By Sandra McCarthy|August 23rd, 2016|Family Law, Probate|Comments Off on When a Minor Child Inherits Property Read More
Handling Creditor Claims in Probate The Letters issued by the Court grant authority to the Personal Representative to administer a decedent's estate under the Independent Administration of Estates Act. The court can grant the representative Full or Limited Authority. This authority includes a wide range of rights and responsibilities, one of which is handling creditor claims in probate. How to [...] By Sandra McCarthy|July 8th, 2016|Probate|Comments Off on Handling Creditor Claims in Probate Read More
California Conservatorship For Developmentally Disabled A limited conservatorship for developmentally disabled individuals is when a judge appoints another person (conservator) to help a developmentally disabled adult (conservatee). The conservatee is a person who suffers from a developmental disability which, as a result, makes them unable to provide for some of their personal and/or financial needs. A person is deemed developmentally [...] By Sandra McCarthy|June 28th, 2016|Probate|Comments Off on California Conservatorship For Developmentally Disabled Read More
Powers of a Limited Conservatorship A limited conservatorship is a legal process when a judge orders a responsible person, also called a conservator, to care for an adult who has a developmental disability (conservatee). As an illustration, an adult who has a developmental disability means they suffer from a severe or chronic disability due to a mental illness or physical [...] By Sandra McCarthy|June 28th, 2016|Probate|Comments Off on Powers of a Limited Conservatorship Read More
Selling Real Property in Probate Selling real property in probate may take a prolonged period of time. Several procedures must be followed to legally sell a home during probate. If you need help with selling real property during probate, and your case has been filed in Ventura County, San Diego County, Los Angeles County or other county in California, contact A [...] By Sandra McCarthy|December 28th, 2015|Estate Planning, Probate|1 Comment Read More
The Basics of a Limited Conservatorship A limited conservatorship in California is when a court has appointed someone to oversee the care of an adult who does not have the ability to fully take care of themselves. If an adult is caring for another adult with special needs, the caregiver can ask a court of law to appoint him or her as a conservator of [...] By Sandra McCarthy|November 24th, 2014|Estate Planning, Probate|Comments Off on The Basics of a Limited Conservatorship Read More
How to Make a Will in California: Types & Requirements One of the most basic forms of estate planning is preparing your will. A will can be extensive and cover every detail of dividing your property, naming guardians for minor children, and executors for your will. Alternatively, it can be a simple document dealing primarily with property distribution. If you have a living trust, having [...] By Sandra McCarthy|June 2nd, 2014|Estate Planning, California Courts, Probate|Comments Off on How to Make a Will in California: Types & Requirements Read More
How to File a California Spousal Property Petition A California spousal property petition can transfer community and separate property to a spouse after death. If assets are not in the name of both parties, the court may need to confirm a spouse's right to the decedent's interest. A California spousal property petition will establish this spousal interest. By Sandra McCarthy|April 19th, 2014|Probate, Estate Planning|Comments Off on How to File a California Spousal Property Petition Read More