Legal Question in Wills and Trusts in California
Calendar Notes Question
I have filed my Petition for Probate for my uncle's estate where my sister and I are the only heirs. In the calendar notes are the following statements:
-- Unable to verify if all interested parties named at #9
(My sister and I are the only ones listed, I listed our names, relationship to the decedent, our ages and addresses) Is there something else I needed to add to this section?
-- Petition is incomplete re: date of verification.
I am not sure what this means, or what I need to do.
-- I did not check section 8 (box for no predeceased spouse). Do I need send to the court a revised petition, or should I submit a supplement to the petition?
Thank you!
5 Answers from Attorneys
Re: Calendar Notes Question
You neeed an attorney. Call me directly at (619) 222-3504.
Re: Calendar Notes Question
My advice is that you hire a probate attorney.
Re: Calendar Notes Question
Courts have probate paralegals assigned to the probate department. It is their job to go through the files and make recommendations to the judge based upon the petitions that are filed. For instance, in Alameda County many times you must go see the probate paralegals before the hearing and they will tie you where there are problems or lapses in your paperwork which must be corrected before the hearing can actually take place. That would mean that the hearing would be continued annually go out with your tail between your legs because something was done incorrectly. This is not true of every County. I would recommend you contact the probate paralegals for your County's probate department, give them the file number and name of the probate and asked them to questions you've asked us. They would be more than happy to counsel you as any kind of corrections which could be made in a timely manner hamper them much less than a corrected petition. If you wish to contact me I have been a practicing probate law in the San Francisco Bay Area for over 30 years and am at 925 -- 945 -- 6000. my best advice is you should hire a probate attoney.
Re: Calendar Notes Question
Contact the probate department of the court and ask to speak to someone familiar with the probate notes. They probably want a "supplement" from you correcting the defects in the petition or providing the extra information the court needs.
If you have trouble after contacting the probate department, I'd suggest hiring an attorney to handle the probate for you, as each document/petition required by the court will be reviewed by these probate attorneys and most of them will require changes or further information.
Re: Calendar Notes Question
It's hard to know exactly what to tell you because I have not seen the petition. But the court may need to know why you are the closest heirs. Especially since you are the neices, the court may need to know what happened to any other relatives.
I would suggest retaining a probate attorney. The probate attorney gets paid out of the estate of your Uncle.