In 2012 and 2013 people wrote to her on a public legal question board, in their own words, and she answered in writing. These are the questions exactly as they were typed, and where we have it, the way her answer begins.
Shadi Ala’i ShafferAnswers apply to California(714) 966-2646
Nobody types “estate administration.” They write “my dead husband” and “my passed father.” A large share of what people actually asked is about family rather than paperwork: a sibling who will not communicate, a stepparent who changed the locks, somebody who thinks they were cut out. That is the person these answers were written for.
Her answers describe California law as it stood when they were written. Read them as an archive, and then call.
What happens if there is no will?
“Everything will go through probate court and go to his heirs (children) and spouse possibly if he re-marries. A trust is always a better solution as he can appoint who is trustee is and confirm in writing that he wants the home to go to the kids.”
As executor of my father's estate, do I owe his medical bills?
“Yes, the estate technically is responsible to pay off the debts of your father (his medical bills). You are not personally responsible however, if you are in charge of your father's estate as the Executor or Trustee, then you are responsible to making sure that his debts are negotiated and settled.”
Can the children of my dead husband refused me a copy of his will?
“Hire an attorney as soon as possible. You have rights.”
Is it legal for my brother-in-law (the executor of my father's estate) to sell the car to his mother for $4000, and gave me nothing?
How do I get an order determining beneficiary?
How long is the process in probate court for someone who didn’t leave a will or power of attorney?
Does my father have the rights to this estate as previously mentioned since my aunt has passed?
If the power of attorney expires when my father passed away, who is to sign the quick claim deed to transfer my father’s home ownership and title?
“No one. PROBATE COURT now can only do this for you.”
Does my estranged daughter have any say in selling the property of husband who passed away?
Can my boyfriend's exwife get his belongings now that he died?
What steps should a wife take in order to obtain a deceased husband's possessions?
“You need to hire an attorney for help. Either open a probate matter depending on the amount of assets and value left in his name alone or you may just need to do a small estate affidavit if it is just some minor items left in his name.”
Where would you go to legally get the money from a will?
How long does it take for the property of my passed father to go into foreclosure?
If the estate is now going through probate, should I file a lien against it since she hasn’t paid me for cleaning the property?
Is the trust responsible for paying off the outstanding medical bills?
Do half of the proceeds from the sale go to his children?
How can I be involved so I know what he had left for me or us?
As an only child, will I inherit all personal effects, including money owed?
Can a credit card company put a lien on the home to recover the debt after she passed away?
Can a living trust that is continuing after the trustor is deceased receive assets?
If my husband passed away and we are still married can his sister still petition for head of his estate and I do not know it?
No will from deceased parent, 2 siblings wanting the house where only one of them resides. Can the other sibling ask for half the worth of the home?
What can my friend do if his mother past away and he is the only heir but she didn't leave a Will?
“Hire an attorney and open a Probate Case to Administer the assets.”
Can I remove items from parent’s house that belong to me after they died?
“It depends. This is a bit sticky so rather than answering your question I really think it is important for you to consult in person with a Trust Attorney.”
Can stepmother forbid us from coming to the home or remodel it or even rent or sell?
“Yes, if the trust says your step mom can live in the home for her life she has certain rights. I would consult an attorney to see what you guys can and can't do.”
How can I become the administrator of my deceased father’s estate and assets?
“Sorry for your loss. It appears you are taking the right steps but the best way for you to get the answers you need is to get a consultation with an attorney.”
Is it possible to legally refuse an inheritance?
I have a power of attorney for my mom will that apply to medical decisions or do I require a separate medical power of attorney?
Can I access my father's medical records even if I do not have power of attorney?
My father in law has Alzheimer’s and my sister in law is making all his decisions without power of attorney what can I do?
How do we get the POA rescinded and how can we get my mother out of this Nursing Home?
How do I check if I have Power of Attorney?
When setting up a power of attorney for married parents are they automatically first or do they need to be named?
Can I sell my Aunt’s house when I have power of attorney and she left for Germany in November 2011 and has not returned?
How do I leave everything to my kids?
“It is best you meet in person with a trust attorney to assist you in meeting this goal, it is possible for you to do this but you should meet with an attorney to assist you better based on your circumstance.”
How do I add my children’s names to the title of my house?
“You shouldn't, you should create an estate plan. A revocable living trust and have them as the beneficiaries of the home.”
Do I have to leave each child something when I do my estate planning?
“You do not have to give your children anything if you do not want. If you prefer a complete estate plan which includes a Trust and a Will you can designate who you want your beneficiaries to be and you can legally disinherit your children.”
If he will not write a will, is there anything I can do to protect my assets?
Does a will take precedence over all?
Would there be any reason for going that route in lieu to a Trust?
A friend wishes two gift money to two friends. How should such a matter be written as a document? What are the steps?
I am trustee for an irrevocable trust what do the words health, education and maintenance mean?
What is the best way for me to handle this quitclaim?
Is a will still valid after a divorce if the person is now remarried but not physically and mentally capable?
If I do not have a will, who will be responsible for my burial expenses and any properties I have?
“The Probate Court. You need to have a complete Estate Plan.”
How do I change the deed back to my name and how do I cancel the whole living trust?
If a Will made by, my mother in law is for their four sons, can I become witness for that Will as daughter in law of owner?
Is it necessary to have an attorney to do last will and testament?
Why does my grandmother's attorney need my husband's information?
If I divorce my wife, will she still have authority over my father's estate?
Does my husband's son get half of my home?
Would it be a conflict of interest if my daughter used my attorney to file an unnecessary interdiction on me deliberately behind my back?
Do I have legal rights to my boyfriend's (of 55 years) house?
Our daughter listed my wife and I as beneficiaries is this considered part of her estate?
Can this be contested, what type of attorney would I need and can I press criminal charges on the person who did it?
Can an outside child have stake in my Dad's property?
Is there any legal action that she can take, so that she can get what is rightfully hers?
Can an opposing attorney refuse to commuicate with me and advise me that I need to hire an attorney?
How can I find a Sacramento attorney?
If I am 1/3 owner of a house can I be evicted?
If something happens to my boyfriend what will happen to our house?
“Be careful! You have NONE.”
The first meeting is a conversation about your family. We get to the paperwork later.
(714) 966-2646Costa Mesa and Laguna Beach. Both offices answer this number.
Costa Mesa3187 Red Hill Ave #115
Costa Mesa, CA 92626
Laguna Beach120 S Coast Hwy #100
Laguna Beach, CA 92651
You have probably been meaning to do this for a while. Most people who call us have.
Start with a conversation. Nothing gets signed that day.
