Legal Question in Wills and Trusts in California

Re: Only child

The probate should be filed in the state where your mom was a "resident" at death. Did you live in Nevada? Then you should file there. If she lived in California, but was only visiting Nevada, then should be filed in California. If California was her residence then a full probate is required. It doesn't seem right since you are the only child, etc... but that is the law for sure. I do a substantial amount of California probates and would be glad to help you if you want to call my office. Ask for John!

Re: Only child

Unfortunately, the bank is right. By statute the only way that you can avoid probate is that the decedent had property in her name alone that is less than $100,000 and is not real property. If you need further assistance please contact me.

Re: Only child

Yes, if mom died in Nevada, that's where her will is probated. You don't have to have a lawyer assist you if you don't want to, but the will must be probated.

A will has no legal affect until a court says it is valid and a representative of the estate collects the assets and distributes under court supervision.

There are ways to avoid these expenses, and the wealthy almost always use them. The middle class, I must say, is woefully ignorant on these matters. The basics should be taught in our public schools, but you know they are not. That's why I wrote my book.