Legal Question in Wills and Trusts in California
I am the only blood hier but others are filing...
My father in CA died recently and I am his only son ( by blood). A company has contacted me wanting money to get the inheritance for me. He left no will and the estate is in probate. There have been a couple of ''cousins'' to file for the estate. How do I file, and do I need a lawyer to do it?
3 Answers from Attorneys
Re: I am the only blood heir but others are filing...
The company will likely want a large fee, so I'd suggest getting a lawyer on your own. The probate procedure is a bit complicated, so a lawyer is a lot better, although not absolutely necessary. The filing would be in the county where your father resided in California.
Have your cousins already filed something with the probate court? Have you received any notices of probate filings/hearings in the mail? If so, you may need to object to their petition and get your own on file.
Re: I am the only blood hier but others are filing...
If no petition has already been filed, you may file a petition with the court to request appointment as personal representative. If the cousins have already filed, then usually you may object to their appointment, and request appointment yourself. Although you could try to do this yourself, the probate process is rather complicated, and having an attorney is usually very beneficial. If you'd like a free telephone consultation regarding this matter, please contact our office. Otherwise, good luck to you.
Re: I am the only blood hier but others are filing...
I am sorry to hear of your loss.
You may object to the appointment of another as personal representative and request that you be appointed.
You should hire an attorney to handle this. Probate is very complicated. Where has the petition been filed?
If would like a free initial consultation, please telephone me. I have over 25 years experience in probate administration.
Good luck and thank you for your inquiry.