Legal Question in Wills and Trusts in California

trust/will

my mother recently passed away and there was no will left. how do we go about settling her assets? i have 2 sisters that want--name removed--peice of the pie...


Asked on 5/17/08, 5:14 pm

4 Answers from Attorneys

David Baker Law Offices of David R. Baker

Re: trust/will

It depends upon the nature of the assets. If your mother's estate does not involved real property and has a value of less than $100,000, then you can transfer the assets by way of an affidavit. If the assets exceed $100,000 or if real property is involved then you have to go through the probate process. If you have any additional questions, please e mail me.

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Answered on 5/19/08, 11:00 am

Re: trust/will

I would start by hiring a qualified probate attorney. If the assets are less than $100,000 then a full probate can usually be avoided. If the assets are greater than $100,000 then a full probate is needed. I recommend getting things started ASAP especially if there is real estate involved as prices do not seem likely to start coming back up soon. Again, the bottom line is you should hire a competent and qualified probate attorney. I, myself, will perform over 50 probate estates this year so would likely be able to help you. Call Monday if you want to discuss. -John

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Answered on 5/18/08, 9:50 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: trust/will

Anyone interested in the estate of the decedent can apply for letters of administration to probate mom's estate.

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Answered on 5/18/08, 10:23 am
Kai Wessels Kai H. Wessels

Re: trust/will

You will most likely have to go to court and probate her estate. If you need assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(toll free tel: 877-Wessels)

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Answered on 5/17/08, 6:04 pm


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