Legal Question in Real Estate Law in California

My husband death

My husband died with no will and a mutal fund co is asking for a estate document from court appointing me executrix of his estate since my name is not on the fund. I live in CA. Can I file these papers my self so I do not have to pay attorney fees?


Asked on 7/20/09, 12:29 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: My husband death

Without a will or trust, you have to probate all his property to get title changed and authority to deal with it. If you can do all the pleadings and paperwork correctly, you can do it yourself. Otherwise, you need to hire someone that can.

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Answered on 7/20/09, 2:55 pm
Scott Linden Scott H. Linden, Esq.

Re: My husband death

Of course you can file by yourself, however, if your husband's estate is going to require a Probate, it is really not recommended that you do so. Probate can be very confusing and take a lot of time.

I would at least consult with an attorney and allow them to look over what you have so you can at least make an informed decision as to whether it is better to proceed on your own or not.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 7/20/09, 3:49 pm
David Gibbs The Gibbs Law Firm, APC

Re: My husband death

You can try. You can go to the law library in your county, and reseach probate procedure and law, and attempt to do this on your own. Alternatively, you can hire an attorney who is experienced and knows probate procedure and law, and get it resolved relatively quickly.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/20/09, 4:21 pm


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