what kind of attorney do i need to help adult offspring divide a deceased parent's estate in calif

Do I file an executor's deed when a parent dies?

ADDITIONAL INFORMATION: My dad passed away in 2010. There was no will (as far as I know). He and his wife (not my mother) bought and owned property together. I have not been in touch with his wife since his passing, but I know she has since sold their house, and has remarried. She has no children, and I am the only offspring my dad had. I am just wondering if there is any …

How can a lawyer help a beneficiary divide inherited property?

The probate attorneys at Fair Share Lawyers put together a list of steps to take and things to know when a loved one dies. If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

What happens to an heir to a deceased parent's estate?

To inherit under intestate succession laws, an heir may have to live a certain amount of time longer than the deceased person. In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time -- theoretically, one second would do.

What to do if a parent dies without a will?

This depends on the planning the deceased person did before death—you can't affect it now. But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). ... get a lawyer's help ...

How do you deal with unequal inheritance?

Be Honest. If you choose to leave unequal inheritance for your children, one of the best ways to avoid hurt feelings and resentment among your children is to have an open and honest conversation with them about why you made your decision.

How is a deceased estate distributed?

This means that the beneficiaries in order of preference are: the spouse of the deceased; the descendants of the deceased; the parents of the deceased (only if the deceased died without a surviving spouse or descendants); and the siblings of the deceased (only if one or both parents are predeceased).

How do you divide probate?

An Estate can be divided in any number of ways in the terms of the Will. It could be that the deceased wants their Estate to be divided equally between their 6 grandchildren, for example, or that 40% should go to their brother, with the rest divided equally between their 3 cousins.Oct 15, 2018

Can an executor override a beneficiary?

Yes, an executor can override a beneficiary's wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.

How long do you have to claim against a deceased estate?

A claim for reasonable financial provision must be made within six months after probate or letters of administration have been issued, although the court can extend this period in certain circumstances (eg if the applicant has not made an earlier claim because of negotiations with the executors or administrators).

Do you have to report a deceased estate?

A deceased estate comes into existence when a person dies and leaves property or a will. The estate of a deceased person must be reported to the Master of the High Court within 14 days of the date of death. ...

How do you split parents estate fairly and happily?

Here are a few methods:Draw lots and take turns picking items. ... Use colored stickers for each person to indicate what he wants. ... Get appraisals. ... Make copies. ... Use an online service like FairSplit.com to catalog and divide personal property in an estate.More items...•Apr 27, 2020

What are 3 ways to split beneficiaries?

Here's how it would play out:Per capita: Your three daughters will each get their 25% plus equal shares of the money that would have gone to your son.Per stirpes: Your three daughters will each get their 25%. Your late son's share will be divided between his two children.Apr 6, 2016

How do you divide inheritance?

Divide up assets based on their value. For example, you might have two children. Your major assets include a home worth $200,000, a summer home worth $100,000, and a retirement account worth $100,000. You can leave one child your home and the other assets to the second child.

What powers do executors have?

There are many legal responsibilities associated with being an executor, including potentially:registering the death.arranging the funeral.valuing the estate.paying any inheritance tax.applying for probate.sorting the deceased's finances.placing a deceased estates notice.distributing the estate.More items...

Can an executor sell property of the estate without all beneficiaries approving?

Yes. An executor can sell a property without the approval of all beneficiaries. The will doesn't have specific provisions that require beneficiaries to approve how the assets will be administered. However, they should consult with beneficiaries about how to share the estate.Sep 30, 2020

What happens when executors disagree?

6 days agoIf two or more executors disagree, it's possible to get an executor removed by the court if it best serves the estate (in other words, to make sure your possessions are distributed as you wanted). When no substitute executor has been named, the court also has the legal right to appoint a replacement.Oct 14, 2021

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

Do you need a death certificate after a funeral?

Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

Can creditors open an estate?

Creditors can open an estate. Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

Can a parent inherit from a child?

And, in many states, a parent who abandoned or refused to support a child, or committed certain crimes against a child, cannot inherit from that child. (Learn more about relatives' rights to claim parts of an estate in Nolo's article Inheritance Rights .) To find the rules in your state, see Intestate Succession.

What happens if there are no children?

If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and if there are no children. In the rare event that no relatives can be found, the state takes the assets.

How long do you have to live to inherit?

In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time -- theoretically, one second would do.

Can a survivor be married to a deceased person?

To qualify as a surviving spouse, the survivor must have been legally married to the deceased person at the time of death. Usually, it's clear who is and isn't married. But not always.

What does "children" mean in law?

The simple term "children" can mean different things to different people -- and under different laws. Many state statutes use the term "issue" to describe who should inherit in the absence of a will, meaning direct descendants of the deceased person (children, grandchildren, and so on). Adopted children.

Can a man and a woman be married?

A few states allow common-law marriages (in which a man and a woman who never went through a marriage ceremony can be considered legally married under certain circumstances). Generally, to create a common-law marriage, the couple must live together, intend to be married, and present themselves to the world as married.

What happens to children when their parents die?

Intestacy laws often provide that if one of a group of heirs has died, his or her children inherit their parent's share. In other words, they take the place of the parent. According to this concept (called the "right of representation"), children (or, in some cases, grandchildren) stand in the place of their deceased parent when it comes to inheritance. Figuring out exactly who should inherit can be complicated depending on state law.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

How long do you have to file a death claim?

The notice will advise you to make a claim by a certain deadline, set by law. You will probably have at least one or two months in which to file your claim. If you don't get a notice of the death, you can still submit a claim.

Who is the personal representative of a deceased person?

It's conducted by the estate's "personal representative"–the executor named in the deceased person's will or, if there is no will, an administrator appointed by the court. Usually, the surviving spouse or an adult child is the personal representative.

Can you sue someone who has died?

Learn the rules for suing someone who has died. You can still file a lawsuit or collect a judgment even if the defendant has died. You will direct your efforts at the deceased person's estate–that is, the property the person left behind. And you must act promptly; if you don't, your claim may be barred by law.

What is partition action?

When a piece of property is co-owned, partition actions are generally a viable solution for any co-owner seeking to terminate their interest in the property by forcing its sale. Certain titles to properties, however, are binding; in these instances, partition actions cannot usually be brought.

How to sell a house with siblings?

Selling the Home: The easiest solution when inheriting a house with siblings is generally to sell the house and divide the proceeds from the sale among the siblings according to the percentage shares each sibling had been designated by the will or trust.

What is the last step in splitting property?

The last step of splitting property is where it gets complicated. The obvious and least complicated way of proceeding would be to sell the home and divide the proceeds from the sale among the siblings; however, what do you do if one sibling wants to keep ownership of the property?

Step 1

Determine the type of required deed. You must file an executor's deed if your deceased parent filed a will appointing an executor of his estate. You will need to file an administrator's deed if your parent died without filing a will or appointing an executor.

Step 2

Develop the deed. You can find a sample of both of these deeds online at the document-sharing website, DocStoc.com. There is no cost to access these deeds. It may also be possible to access a state-specific draft of a deed from your state legal code. Some states place the state code online in searchable format.

Step 3

Contact the administrator or executor of your parents' estate. Ask him to sign the deed.

Step 4

File the deed with the county clerk in the county where the property is located. This provides official proof of the deed's existence, should it come into question in the future.

Step 5

Request a certified copy of the deed from the county clerk. Keep this copy for your records.

What happens after someone dies?

Updated July 30, 2020. After someone dies, family members will need to locate all of the decedent's important papers. It will give family members and, if necessary, the estate attorney assisting the family with settling the decedent's final affairs , all of the pertinent information needed to complete probate or the trust settlement process .

Who is Julie Garber?

Julie Ann Garber is an estate planning and taxes expert. With over 25 years of experience as a lawyer and trust officer, Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications. She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994.

What is a beneficiary designation?

Beneficiary designations: For life insurance, retirement accounts, payable on death accounts and transfer on death accounts. Deeds for real estate: There is a common misconception that the original deed is needed, but a copy is fine.

Who is Peggy James?

Peggy James is a CPA with 8 years of experience in corporate accounting and finance who currently works at a private university, and prior to her accounting career, she spent 18 years in newspaper advertising. She is also a freelance writer and business consultant. After someone dies, family members will need to locate all ...

What are prenuptial agreements?

Prenuptial agreements (Including any amendments) Postnuptial agreements (Including any amendments) Loans (Including personal loans, lines of credit, and mortgages, along with the original promissory notes .) Leases (including real estate and automobile leases.)

What happens if a parent dies without a will?

When a parent dies without a will, a probate court applies the state's default laws of intestate succession. In general, children have inheritance rights if a parent dies without a will, particularly in states that are not community property states—states where marital assets are equally owned by both spouses.

Can a parent disown a child?

And while it may seem harsh, nearly every state allows a parent to actually disown or disavow a child in their will. However, because children are generally considered "interested persons," they may have a right to contest their parent's will in certain circumstances. Also, if a parent died without a will, children may have rights ...

What happens if you have only one child?

For example, if there is only one child, then the surviving spouse is entitled to half of the estate and the child is entitled to the other half. If there are two children, then the surviving spouse and the two children each receive a third of the property.

Can a child inherit property?

In that case, the child may have a right to inherit property under state law. In some cases, a parent may leave a child more property than is allowed under state law . For instance, marital assets are equally owned by both spouses in a community property state.

What to Do Upon Learning of The Death

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Final Word