Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What form is used to object to a petition for probate on the…

What form is used...

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

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

A signed and notarized Living Trust

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at this time.

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 6 minutes by:
3/19/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,021
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Did the deceased have any assets in their personal name when they passed? like deeds or bank accounts or vehicles?

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 1 month ago
Per the trust all assets were transfered to the trust. The home was transferred via quitclaim deed.
Customer reply replied 1 month ago
There are 5 heirs, each heir is to receive 1/5 of the estate.

Ok, the thing is that if there were assets in the deceased's name when they passed, then there would be a probatable estate.. A trust owns the assets in it... and in order to put assets in a trust, they have to be titled to the trust... Deeds have to be transferred from the owner to the trust's name with a new deed, vehicles have to have titles signed over, accounts have to be retitled in the trust's name..

.

So if that wasn't done, then a directive in the trust that says "all assets the grantor owns at death go into the trust" would be treated as a "pour over will" and that would still have to go through probate to be actually transferred into the trust..

.

If these things aren't done correctly while the maker of the trust is living, it can defeat the entire purpose of setting up a trust to avoid probate..

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 1 month ago
This is the language from the Trust, "The Grantor declares that he or she has sset aside and caused the transfer of all or his or her right title, and interest in and to the property described iin Schedule A to the Trust together with any other property added to the Trust, the Trust Property for the use, benefit and enjoyment of the beneficiaries named herein. Would this suffice for pour over?

For personal property without titles or other ownership documents, yes. So if the Schedule A lists desks, chairs ,watches, furniture, etc. then that is fine.

.

But if it says Bank Account number XXXXX or 2010 Ford F150..... that doesn't do it because those assets have title information that would have to be changed to transfer.

.

That means those items have to go through probate, then are transferred into the trust by the executor, then the trustee would distribute those assets according to what the trust says.

.

But anything that isn't listed in the Schedule that is in the deceased's name would be in their estate and have to go through probate to descend according to any will or under default state law.

Ask Your Own Estate Law Question
Customer reply replied 1 month ago
Schedule A Language:
Real Property located at .....
Type of Property: HomeThe following financial accounts:
Wells Fargo
Account Type: Checking and SavingsThe following additional property:
All personal property, including but not limited to jewelry, household furniture and furnishings, clothes and other personal items.
Customer reply replied 1 month ago
All of the Grantor's interest in the follfowing property is transferred into the Trust:
It won't it won't work because you can't transfer Real Estate I just saying you transfer Real Estate. You have to do a deed from the grantor over to the trust so the properties in the trust's name. Same thing with bank accounts. So if those assets were in the deceased's name when they died they go into their estate and then would transfer from the estate over to the trust.
.
But that means they have to go through probate first.
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,021
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
There is a deed for the home transferring via deed to the trust. not for the bank accounts. Is there a form that can be used to object to the petition for probate and we can let the judge clear this up.
Customer reply replied 1 month ago
This has become two heirs fighting. The one heir who is co-trustee has asked me to help file the objection to the petititon for probate. I want to get him started and then give him more time to prepare necessary documents to respond to this situation.
Customer reply replied 1 month ago
How would you suggest we respond at this point? Something has to go to the court in response to the petition and request to appoint a different heir to administrate the estate.
Since the assets are going to have to go through probate, if you don't like the person who is petitioning to be the administrator of the estate you can file your own objection and ask that you be appointed as the administrator of the estate. The judge would then listen to both sides and make a decision as to who should be administrator of the estate.
Ask Your Own Estate Law Question
Customer reply replied 1 month ago
Is there a form or should this be done on pleading paper?

You would just file a written objection to the appointment of the person who you don't like and state any reasons for your objection. Then in your prayer for relief, you then ask that XXXX be appointed instead of the person who has filed the probate petition.

.

I am not seeing any standard objection template on the CA court website. The closest thing is DE-165 but that is for objections after the Administrator/executor is appointed.

.

So I would just do it as a pleading and make the info at the top (the "tombstone") the same as the notice you received and then just state your objections and then your request that someone else be appointed. Then you sign it, file a copy with the court and send a copy to the other side.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,021
41,021 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister 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

41,021 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,126 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
Not really yet, I am an heir to a probate and would like to
Not really yet, I am an heir to a probate and would like to share an attorney with one of my cousin and my brothers and sisters. is that a conflict of interest? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My mother had an irrevocable living trust prior to her death
My mother had an irrevocable living trust prior to her death in 2017. I am the trustee. Her home was placed into the trust. I am living in the home now. There was an insurance claim made and the check… read more
Barrister
Barrister
Attorney
41,021 satisfied customers
My grandmother died without a will or living trust. My
My grandmother died without a will or living trust. My grandmother has one daughter living and one deceased, my mother. My aunt has hired a probate attorney. Do I need to hire an attorney to make sure… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 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
Doctoral Degree
5,126 satisfied customers
This question is in regard to a Irrevocable Living Trust.
This question is in regard to a Irrevocable Living Trust. Can a Grantor set up an ILT such that during the lifetime of the Trustee(s) the Trustee(s) receive 60% of the interest earned by the Trust and… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 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
41,021 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
7,152 satisfied customers
My grandmother passed away. Her estate is in probate, she
My grandmother passed away. Her estate is in probate, she only owns a house and car. House was sold and it was her primary residence. Proceeds distributed to heirs. Does her estate need to file a retu… read more
LawGuy
LawGuy
Juris Doctor
123 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
784 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
Wife owned a house -- passed away -- Pour over to revocable
Wife owned a house -- passed away -- Pour over to revocable trust --wife's last will and testament provides --- for any laps of bequest referred to as my "Residuary Clause " to then acting trustee -- … read more
LegalGems
LegalGems
Juris Doctorate
11,584 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,146 satisfied customers
My brother and I are Heir to our father's estate, our sister
My brother and I are Heir to our father's estate, our sister is a court-appointed executor. It came to our attention that our sister is hiding assists in the estate. She has presented an accounting th… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,666 satisfied customers
Illinois If you are an Executor and Heir of a Estate can you
Illinois If you are an Executor and Heir of a Estate can you Pro-Se a Wrongful Death litigation against another party?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
784 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