Legal Question in Wills and Trusts in California
california statutory will
my grandparents made a california statutory will 12 years ago and i am the next executor.what will i have too do when my grandmother dies and can i do it with out a lawyer?the only thing they have is there home that has a reverse mortage on it.my grandfather died 2 yrs. ago and my grandmother is sick and i am going to be going to school out of state.please advise on what to do
2 Answers from Attorneys
Re: california statutory will
No, unless something unforeseen pops up, you probably don't need a lawyer. There are some good books out now that help non-lawyers in probate proceedings. I especially recommend Nolo Press' book (and Nolo has a website). Get the book now and take a look at it so you see what you'll be facing.
Re: california statutory will
It depends on the value of the home and who is to inherit it. If the value is lmore than $20,000 and less than $100,000 and all the heirs agree, then a simple Petition is filed with the Court and after a hearing an Order is made transferring title to the heirs. If less than $20,000 then an even simple documnet is filed with the Court and the Clerk makes an order on the spot transferring title.
If these are not applicable, then a full probate proceeding will be required.