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Temecula Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Temecula Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Temecula Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Bethel Law Corporation

  • 28765 Single Oak Dr., Ste. 150, Temecula, CA 92590-3675

Schmidt & Schmidt

  • 38120 Avenida Bravura, Temecula, CA 92592-8932

Lawyers At This Firm

Law Offices of Michael L. Shaima APLC

  • 27740 Jefferson Avenue, Suite 340, Temecula, CA 92590

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Law Offices of Julie S. Page

  • 28465 Old Town Front St., Temecula, CA 92590

Donald T. Wight, Attorney and Counselor at Law

  • 43417 Fassano Ct., Temecula, CA 92592-4310

The Law Offices of Rosenstein & Associates

  • 28600 Mercedes Street, Suite 100, Temecula, CA 92590

Lawyers At This Firm

Reid & Hellyer A Professional Corporation

  • 41955 Fourth St., Ste. 210, Temecula, CA 92590

JDS Law, Inc.

  • 1 Ridgegate Dr., Ste. 125, Temecula, CA 92590

Robert E. Beekman

  • Temecula, CA 96777

Law Offices of Christopher S. Hammatt

  • 27555 Ynez Road, Suite 211, Temecula, CA 92591

Law Offices of Craig A. Fahey

  • Temecula, CA 92593

Margie Brakhage Attorney at Law

  • 43533 Ridge Park Dr., Ste. E, Temecula, CA 92590

Law Office of Pietro Canestrelli

  • 43460 Ridge Park Dr., Ste. 150, Temecula, CA 92562

Antonyan Miranda, LLP

  • 1 Ridgegate Dr., Ste. 215, Temecula, CA 92590

Lawyers At This Firm
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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What legally can be done if one of the trustees takes up residence without permission?

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Answered by attorney Victor L. Waid (Unclaimed Profile)
Estate Planning lawyer at Law Office of Victor Waid
The trustee should be charging rent for the use of that asset, and keeping the asset insured against casualty loss; otherwise if there is no agreement as to the use and value of the asset, then a petition top partition to sell the asset will need to be filed obtaining cash for distribution to the beneficiary of the trust. If the sibling living in the residence refuses to pay rent, then trustee will need to take action to evict the person.
The trustee should be charging rent for the use of that asset, and keeping the asset insured against casualty loss; otherwise if there is no agreement as to the use and value of the asset, then a petition top partition to sell the asset will need to be filed obtaining cash for distribution to the beneficiary of the trust. If the sibling living in the residence refuses to pay rent, then trustee will need to take action to evict the person.
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Is there any way to request final billing notice and close the estate?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
That's only three months. Your brother has to allow a four-month period for claims against the estate at a minimum, and that's from his appointment as personal representative, which I assume was a couple of weeks after your father's death. Medicare reimbursement can take up to a year to process (although the providers usually have a fair idea before that whether Medicare will pay). Take it easy. It's a whole life that's being settled, why you think that should be possible in a week and a half is beyond me. If it looks like things are going to drag out, your brother can request a partial distribution of assets, but that's an additional step and will involve additional costs.
That's only three months. Your brother has to allow a four-month period for claims against the estate at a minimum, and that's from his appointment as personal representative, which I assume was a couple of weeks after your father's death. Medicare reimbursement can take up to a year to process (although the providers usually have a fair idea before that whether Medicare will pay). Take it easy. It's a whole life that's being settled, why you think that should be possible in a week and a half is beyond me. If it looks like things are going to drag out, your brother can request a partial distribution of assets, but that's an additional step and will involve additional costs.
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What am I entitled to if my Dad didn't leave a Will?

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Answered by attorney Jayne L. Sebby (Unclaimed Profile)
Estate Planning lawyer at Jayne L. Sebby
Although estate law varies from state to state, usually when a person dies intestate with surviving spouse and child(ren), at least some portion of the assets are split between the two. However, a decedents assets must first be applied to any debts and taxes he owed at the time of his death and only then would anything left would be distributed to the heirs. Since you were a minor at the time, your inheritance (if any) was probably put into a trust with your step-mother (or perhaps your mother if she was still living) as trustee. Those funds should have been used to cover the cost of your upbringing (food, shelter, clothing, medical and dental care, education, etc.) until you reached the age of majority. If there were any funds left, that money should have been transferred to you.
Although estate law varies from state to state, usually when a person dies intestate with surviving spouse and child(ren), at least some portion of the assets are split between the two. However, a decedents assets must first be applied to any debts and taxes he owed at the time of his death and only then would anything left would be distributed to the heirs. Since you were a minor at the time, your inheritance (if any) was probably put into a trust with your step-mother (or perhaps your mother if she was still living) as trustee. Those funds should have been used to cover the cost of your upbringing (food, shelter, clothing, medical and dental care, education, etc.) until you reached the age of majority. If there were any funds left, that money should have been transferred to you.
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