Summary
A notarized but unfiled revocable living deed of trust may not effectively transfer property if the grantor dies before filing. In California, the property will likely need to go through probate, and the deeds validity could be contested. If the signature on the deed appears forged, it raises concerns about authenticity, potentially involving fraud. A real estate agent claiming to be a successor without court approval may breach fiduciary duties. To address these issues, file a petition in probate court, gather evidence, report fraud to the California Department of Real Estate, and consult a probate or real estate attorney for guidance. Initiate probate proceedings to contest the trust and the agents claims, ensuring proper asset distribution.Full Conversation
California
To sue someone for more than $*,* in California, you will need to file in the Superior Court. Here are the general forms you'll need:
- Complaint Form (CIV-*)
- Summons (SUM-*)
- Civil Case Cover Sheet (CM-*)
Have you already drafted your complaint or need additional guidance on these forms?
Drafted my complaint what do you mean
It sounds like you're asking for clarification on what to do after drafting your complaint. Here are the next steps:
- Review your complaint for accuracy and completeness.
- File your complaint, along with the required forms, at your local Superior Court.
- Serve the defendant with the summons and complaint.
Do you need more details on any of these steps?
What forms will I need to summon the person
In California, to summon a person after filing a complaint, you will need:
- Summons (SUM-*)
- Proof of Service of Summons (POS-*)
Do you need details on how to serve these forms?
A revocable living deed of trust filled out and has Los Angeles and a line through as the property city it and Riverside written above it notarized on the date of * * * but not filed until * but the grantor died on *
The grantor's death before the deed was filed could potentially complicate the situation. Here are some points to consider:
- A notarized but unfiled deed might not transfer the property effectively.
- The timing of the grantor's death before filing could raise questions about the deed's validity.
- Consult with a probate or real estate attorney to evaluate the specific details of your case.
Are you looking for more info on how this might impact inheritance or property transfer?
Yes
The grantor's death before the deed was filed could create complications in transferring the property. Here are some points to consider:
- A notarized but unfiled deed might not be effective in transferring property.
- Given the timing, the deed's validity could be questioned.
- Consulting a probate or real estate attorney is advisable.
Would you like more details on how this situation might affect inheritance or property transfer in California?
Yes
Given the grantor's death before the deed was filed, this situation can be quite complex. Here are some additional details:
- Unfiled Deed: Generally, an unfiled deed may not effectuate the transfer of property.
- Probate Process: The property will likely need to go through probate.
- Validity Issues: The deed's validity can be contested since it wasn't filed before the grantor's death.
Would you like to understand the probate process or how to contest the deed's validity in California?
Yes
Given the complexities of the grantor's death before the deed was filed, consulting with an attorney is highly advisable. Here’s more information:
- Unfiled Deed: Typically, an unfiled deed may not effectively transfer property.
- Probate Process: The property will likely need to go through probate.
- Validity Issues: The deed's validity can be contested since it wasn't filed before the grantor's death.
Would you like more details on the probate process or how to contest the validity of the deed in California?
What if the notarize revocable living deed of trusts doesn't look like it is the person's signature it
If the notarized revocable living deed of trust doesn't look like the grantor's signature, it could raise concerns about its authenticity. Here are some general points to consider:
- Forgery: If the signature is forged, the deed could be invalid.
- Expert Analysis: Handwriting experts can analyze the signature.
- Legal Action: You may need to contest the deed in court.
Would you like more information on how to contest a potentially forged deed in California?
Yes
To contest a potentially forged deed in California, you should consider the following steps:
- File a Petition: File a petition in probate court to contest the deed.
- Gather Evidence: Collect evidence, such as handwriting analysis, to prove forgery.
- Consult an Attorney: A probate or real estate attorney can guide you through this process.
Would you need more details on how to initiate this petition or find an expert for handwriting analysis?
Yes
To contest a potentially forged deed in California, follow these steps:
- File a Petition: In probate court to contest the deed.
- Gather Evidence: Obtain handwriting analysis to prove forgery.
- Consult an Attorney: A probate or real estate attorney can guide you.
Would you need more details on how to initiate this petition or find an expert for handwriting analysis?
What if the person doing this is a real estate agent
Case Rating: *
If the person involved is a real estate agent, it could add complexities to the case. Here are some points to consider:
- Professional Responsibility: Real estate agents have fiduciary duties and are expected to act in the best interest of their clients.
- Fraud: If the real estate agent is suspected of forgery or fraud, additional legal actions could be taken, including reporting to the real estate board.
- Legal Action: You may need to file a complaint with the Department of Real Estate and possibly initiate a civil lawsuit.
Would you like more information on how to file a complaint against a real estate agent in California?
The real estate agent took over all assets and is stating she is the successor of the trust but has not filed a probate and didn't tell me he even died she was trying to hide it his life insurance told me about him dying
This situation involves potential fraud and misuse of fiduciary duties by the real estate agent. Here are some steps you can take:
- File a Petition: Initiate probate proceedings in California to contest the trust and the agent's claims.
- Gather Evidence: Obtain documentation and evidence of the agent's actions and any forged signatures.
- Report Fraud: File a complaint with the California Department of Real Estate.
- Consult an Attorney: Seek advice from a probate or real estate attorney.
Would you like more details on how to initiate these actions or need help finding an attorney?
Yes
This situation is quite serious and involves potential fraud, misuse of fiduciary duties, and possible forgery. Here are the steps to take:
- File a Petition: Start probate proceedings to contest the trust and the agent's claims.
- Gather Evidence: Collect all documentation, communications, and evidence of the agent’s actions and any suspected forgery.
- Report Fraud: File a complaint with the California Department of Real Estate.
- Consult an Attorney: Contact a probate or real estate attorney for guidance.
Would you like details on how to file a complaint with the California Department of Real Estate or need help finding an attorney?
When someone dies can friend real estate agent just take over all their stuff without going to court before a judge to get the right to the assets and property
A friend who is a real estate agent cannot simply take over the deceased's assets without going through proper legal channels. Here are some key points:
- Probate Process: Typically necessary to validate a will and distribute assets.
- Fiduciary Duty: Real estate agents have a duty to act in the best interest of their clients.
- Legal Actions: File a complaint with the California Department of Real Estate and initiate probate proceedings.
Would you like more details on how to file a complaint or start the probate process in California?
But the purchase of the home was done in * the agent was looking into other property for him to purchase but he had not purchase a home from the agent in ten years
This situation involves potential fraud, misuse of fiduciary duties, and possible forgery.
Key Points:
- Probate Process: Required to validate a will and distribute assets.
- Fiduciary Duty: Real estate agents must act in the best interest of their clients.
- Legal Actions: File a complaint with the California Department of Real Estate and initiate probate proceedings.
Would you like detailed steps on filing a complaint or starting the probate process in California?
Yes
To address your situation, here are the detailed steps you can take:
To File a Complaint with the California Department of Real Estate:
-
Gather Evidence: Collect all documentation that shows the real estate agent's actions and any suspected forgery.
-
File a Complaint: Visit the California Department of Real Estate's website to file a complaint. Provide all the evidence you have collected.
-
Follow Up: Stay in contact with the Department to track the progress of your complaint.
To Start the Probate Process in California:
- File a Petition: Submit a petition to the probate court to initiate probate proceedings.
- Notify Interested Parties: Ensure all potential heirs and interested parties are notified.
- Court Appointments: Attend court hearings as required.
- Administer the Estate: Work with the court to ensure proper distribution of assets.
Would you like more details on either of these steps?
If someone has filed paperwork in probate court claiming to be the estate executive what forms do I need to file to object to it
To object to someone claiming to be the estate executor in California probate court, you can file a "Petition for Removal of Executor" or "Objection to Appointment of Executor". Here are the general steps:
- Gather Evidence: Collect any evidence that supports your objection.
- File a Petition/Objection: Submit your petition or objection to the probate court.
- Serve Interested Parties: Notify all interested parties about your objection.
Would you like more information on how to file these forms or need help finding an attorney?
Yes and what forms will I need
To object to someone claiming to be the estate executor in California probate court, you will need to file either a "Petition for Removal of Executor" or an "Objection to Appointment of Executor." Here are the forms you might need:
- Petition for Removal of Personal Representative (DE-*)
- Objection to Appointment of Executor (Custom Objection Form)
Would you like more details on how to file these forms or need help finding an attorney?
And do they need to be served in person
Case Rating: *
In California, serving legal documents in probate cases generally requires personal service. Here are the key points:
- Personal Service: The person must be served in person for the initial petition.
- Service by Mail: Subsequent documents may be served by mail, depending on the court's requirements.
- Proof of Service: File Proof of Service (POS-*) with the court.
Would you like more details on how to serve these forms or need assistance finding an attorney?
Yes and yes
To object to someone claiming to be the estate executor in California probate court, here are the steps and forms you need:
*. Forms to File:
- Petition for Removal of Personal Representative (DE-*)
- Objection to Appointment of Executor (Custom Objection Form)
*. Serving the Documents:
- Personal Service: Serve the initial petition in person.
- Service by Mail: Subsequent documents may be served by mail.
- Proof of Service (POS-*): File this with the court to confirm service.
Would you like more details on how to serve these forms or need assistance finding an attorney in California?
Yes
Case Rating: *To object to someone claiming to be the estate executor in California probate court, follow these steps:
Forms to File:
*.
Petition for Removal of Personal Representative (DE-*)*.
Objection to Appointment of Executor (Custom Objection Form) Serving the Documents:
*. Personal Service: Serve the initial petition in person.
*. Service by Mail: Subsequent documents may be served by mail.
*. Proof of Service (POS-*): File this with the court to confirm service.
Would you like more details on how to serve these forms or need assistance finding an attorney in California?
What is a customer objection form
Case Rating: *
A "customer objection form" is typically used in business contexts to formally document a customer's complaint or dispute regarding a product or service. It's not usually a legal form. Here are its general components:
- Customer Information: Name, contact details.
- Details of the Objection: Description of the issue or complaint.
- Resolution Sought: What the customer wants to achieve (e.g., refund, replacement).
- Supporting Documents: Any evidence or documentation supporting the objection.
Would you like information on how to handle a legal objection in a different context?
Custom objection form for a probate case
To object to someone claiming to be the estate executor in a California probate case, you need to file a "Custom Objection Form" specifically for probate cases. Here are the steps:
*. Forms to File:
- Petition for Removal of Personal Representative (DE-*)
- Objection to Appointment of Executor (Custom Objection Form)
*. Serving the Documents:
- Personal Service: Serve the initial petition in person.
- Service by Mail: Subsequent documents may be served by mail.
- Proof of Service (POS-*): File this with the court to confirm service.
Would you like more details on how to serve these forms or need assistance finding an attorney in California?
Custom objection form where can I get this from
Case Rating: *
To obtain a "Custom Objection Form" for a probate case in California, you generally have to draft it yourself or with the help of an attorney, as it is not a standardized form like others. Here are some steps:
- Draft the Form: Include your objection, details, and supporting evidence.
- File with the Court: Submit the drafted form along with any other required documents.
- Consult an Attorney: For assistance in drafting and filing the form.
Would you like more details on drafting this form or finding an attorney in California?
What forms do I need for a unlimited law suit in Riverside CA
Case Rating: *
To file an unlimited lawsuit (over $*,*) in Riverside, CA, you'll need the following forms:
- Complaint Form (PLD-C-*)
- Summons (SUM-*)
- Civil Case Cover Sheet (CM-*)
Do you need guidance on how to file these forms or serve them properly?
No can someone make you move on breach of contract if there isn't a contract between you and that person it was between you and another person
No, generally, someone cannot make you move on a breach of contract if there isn't a contract between you and that person. Here are some key points:
- Privity of Contract: Only parties to a contract have the right to enforce it or be held liable under it.
- Third-Party Rights: Exceptions may exist if the third party is an intended beneficiary under the contract.
- Legal Standing: The person must have legal standing to sue for breach of contract.
Would you like more information on privity of contract or the exceptions for third-party beneficiaries?
Forms needed to stop the appointment of someone as the executor of a estate
Case Rating: *
To stop the appointment of someone as the executor of an estate in California, you'll need to file specific forms and take certain actions:
*. Forms to File:
- Petition for Removal of Personal Representative (DE-*)
- Objection to Appointment of Executor (Custom Objection Form)
*. Serving the Documents:
- Personal Service: Serve the initial petition in person.
- Service by Mail: Subsequent documents may be served by mail.
- Proof of Service (POS-*): File this with the court to confirm service.
Would you like more details on drafting the Custom Objection Form or need assistance finding an attorney in California?
In California
Case Rating: *To stop the appointment of someone as the executor of an estate in California, you'll need to file specific forms and take certain actions:
Forms to File:
-
Petition for Removal of Personal Representative (DE-*)-
Objection to Appointment of Executor (Custom Objection Form)
Serving the Documents:
- Personal Service: Serve the initial petition in person.
- Service by Mail: Subsequent documents may be served by mail.
- Proof of Service (POS-*): File this with the court to confirm service.
Would you like more details on drafting the Custom Objection Form or need assistance finding an attorney in California?
How do I get someone trying to steal a estate from me stopped
Case Rating: *To stop someone from trying to steal an estate from you in California, follow these steps:
Forms to File:
*.
Petition for Removal of Personal Representative (DE-*)*.
Objection to Appointment of Executor (Custom Objection Form) Serving the Documents:
*. Personal Service: Serve the initial petition in person.
*. Service by Mail: Subsequent documents can be served by mail.
*. Proof of Service (POS-*): File this with the court to confirm service.
Would you like more details on drafting the Custom Objection Form or need assistance finding an attorney in California?
In probate court
Case Rating: *To stop someone from trying to steal an estate from you in California, particularly in probate court, follow these steps:
Forms to File:
*.
Petition for Removal of Personal Representative (DE-*)*.
Objection to Appointment of Executor (Custom Objection Form) Serving the Documents:
*. Personal Service: Serve the initial petition in person.
*. Service by Mail: Subsequent documents can be served by mail.
*. Proof of Service (POS-*): File this with the court to confirm service.
Would you like more details on drafting the Custom Objection Form or need assistance finding an attorney in California?
If you are trying to sue the water company for personal injury for a unlimited civil due to the violation of California state bill * the water protection act what
Case Rating: *If you are trying to sue the water company for personal injury in an unlimited civil case due to a violation of California State Bill * (the Water Protection Act), here are the general steps and forms you will need:
General Steps:
*.
Draft Your Complaint: Clearly outline the violation and how it caused your personal injury.
*.
File the Complaint: Submit your complaint to the Superior Court in your county.
*.
Serve the Defendant: Serve the water company with the necessary legal documents.
Forms You Might Need:
- Complaint Form (PLD-C-*): To detail your claims.
- Summons (SUM-*): To notify the defendant of the lawsuit.
- Civil Case Cover Sheet (CM-*): To categorize your case.
- Proof of Service (POS-*): To confirm the defendant has been served.
Would you like more details on how to draft your complaint or need assistance finding an attorney in California?
Can a trust or revocable living trust have property on it the scratched off with pen and a totally different address added on it without initials or signature next to it
Case Rating: *
A trust or revocable living trust document should not have property details scratched off and replaced without proper initials or signatures. This can raise questions about the document's validity. Here are some key points:
- Alterations: Any changes should be initialed and dated by the grantor.
- Notarization: Significant changes often require notarization.
- Legal Advice: Consult an attorney to evaluate the validity and implications of such alterations.
Would you like more information on how to contest the validity of such changes or need assistance finding an attorney in California?
What laws in California state this
Case Rating: *
In California, the validity of a trust or revocable living trust with altered property details is governed by general principles of contract and trust law. Here are some key points:
- California Probate Code § *: Specifies the requirements for creating a valid trust.
- California Civil Code § *: Mandates that any alterations to legal documents should be initialed and dated.
- California Probate Code § *: Discusses amendments to revocable trusts, requiring the same formalities as the creation of the trust.
Would you like more detailed information on these laws or assistance in finding an attorney in California?
What California laws prohibit the filing of a revocable deed of trust after some one dies
Case Rating: *
In California, the filing of a revocable deed of trust after the death of the grantor is generally not valid. Here are some laws that pertain to this situation:
- California Probate Code § *: Specifies the requirements for creating a valid trust.
- California Probate Code § *: Discusses amendments to revocable trusts, requiring the same formalities as the creation of the trust.
- California Civil Code § *: Mandates that any alterations to legal documents should be initialed and dated.
Would you like more detailed information on these laws or assistance in finding an attorney in California?
Is it legal to file paper revocable living to ryst with the county recorders office after the grantor and grantee died but in the trust they have a complet
In California, filing a paper revocable living trust with the county recorder's office after the grantor and grantee have died is generally not valid. Here are some key points:
- California Probate Code § *: Specifies requirements for creating a valid trust.
- California Probate Code § *: Discusses amendments to revocable trusts, requiring the same formalities as the creation of the trust.
- California Civil Code § *: Mandates that any alterations to legal documents should be initialed and dated.
Would you like more detailed information on these laws or assistance in finding an attorney in California?
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