Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have rec'd a letter from the Calif Court of Appeal

I have rec'd a letter...
I have rec'd a letter from the Calif Court of Appeal indicating my request for an appeal on a probate matter is in default per (California rules of court, rule 8.100) and is dismitted. It further states the order becomes final in 30 days. It also states "Any party desiring reinstatement must file a motion within 15 days of this noted. Also cited: [Cal. Rules of Court, rule 8.264(b)(1)]. Spoke with the clerk and he advised me that I have until March 28, to move on my case and the judge could reinstate if I could show good reason for intending to move on with my case. I have had some severe medical issues (which I sure may not matter) and depend upon my son to assist me and to do my proof of service. I found out from the clerk that he did not do the proof of service on time. Any suggestions on how I can make a compelling request to get the reinstatement. I have spoken with you before regarding my legal issues on this matter and appreciated your help. I live in Kansas and the case is in California (Alameda county). Excuse any typing errors. Thanks
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 20 minutes by:
3/13/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,369
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Estate Law Question

A motion to reinstate citing medical issues as good cause and that there was no harm to other side here.You can certainly do that and see where it goes here.The proof of service is really a technical issue no harm to the other side. You have good chances of having this granted I believe so by all means try for it.

I appreciate the chance to help you and wish you the best.

If you can positive rate 5 stars it is much appreciated.

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,369
Experience: Texas lawyer for 30 years in Estate law
Verified
RayAnswers and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,369
46,369 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

46,369 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
In determining court filing fees in New York in probate
In determining court filing fees in New York in probate court is it based on the value on the entire estate(which includes properties in South Carolina and New York)or is it based on only those proper… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,276 satisfied customers
In regards to a list of assets-inventory for probate court,
In regards ***** ***** list of assets-inventory for probate court, my husband still owed $400,000. On his mortgage and I'm trying to figure out if this gets listed under mortgages/notes/cash because h… read more
RayAnswers
RayAnswers
Attorney
46,369 satisfied customers
We are already in probate; both spouses deceased from
We are already in probate; both spouses deceased from terminal illnesses in AZ; vulnerable adult (she) died last at least 6 months after he did; have to file 3 years' past taxes; she had a pre-nuptual… read more
RayAnswers
RayAnswers
Attorney
46,369 satisfied customers
Can a Probate Case be thrown out because the address is
Can a Probate Case be thrown out because the address is improper? The address in the Living Trust and the Probate Case do not match.… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,167 satisfied customers
As executor of Mom's will in probate, what am I allowed or
As executor of Mom's will in probate, what am I allowed or not allowed during probate? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
810 satisfied customers
My aunt died in January 2017 and probate was settled in
My aunt died in January 2017 and probate was settled in October 2017 and we received our inheritance shortly thereafter. There were 4 main inheritors and 20 to 25 minor grants to persons and organizat… read more
RayAnswers
RayAnswers
Attorney
46,369 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
46,369 satisfied customers
WHA. Georgia, needing an ancillary probate from Florida to
Georgia, needing an ancillary probate from Florida to Georgia. I was told I could do it myself. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
810 satisfied customers
What form is used to object to a petition for probate on the
What form is used to object to a petition for probate on the grounds that the decedent created a Living Trust subsequent to the will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Can a person, listed as executor of a will, skip the probate
Can a person, listed as executor of a will, skip the probate process if the only asset is a home that needs sold from the deceased parent and divided between the deceased 4 children? … read more
RayAnswers
RayAnswers
Attorney
46,369 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My sisters probate attorneys are lieing on the pititions and
My sisters probate attorneys are lieing on the pititions and keeping me from representation how can I get help … read more
RayAnswers
RayAnswers
Attorney
46,369 satisfied customers
Need some guidance on florida law - wills and probates. No -
need some guidance on florida law - wills and probates … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
810 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
810 satisfied customers
Question on probate and death An investment account that
Question on probate and deathAn investment account that wasn't in my aunts living trust for a small amount of $4k is in question. It was some sort of annuity .Anyway , the annuity company told us that… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,167 satisfied customers
In California, can a probate attorney charge for expenses
In California, can a probate attorney charge for expenses (e.g. document filing fees) in addition to the statutory compensation? Or are the expenses included in the statutory compensation? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
Is it necessary to probate a will when the only beneficiary
Is it necessary to probate a will when the only beneficiary is the spouse of the deceased? … read more
RayAnswers
RayAnswers
Attorney
46,369 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x