Legal Question in Wills and Trusts in California

Re: Please help me catch my father~!!!!!!

If probate hasn't been opened (you should receive notice of this by mail), this may be grounds for disqualifying your father from serving as executor of the will. You may want to talk with an attorney about filing to open probate on your own, or at least forcing your father to.

If the house was in your grandfather's name (not joint tenancy), then it will need to be probated before it can be transferred. Houses are often listed, but agents don't always know that the court needs to approve (or at least receive notice of) the transfer.

You should have someone check the title to the property to make sure it isn't held in joint tenancy with your father.

Also, are there other assets? Probate would depend on how title is held on these too.

Check with an attorney to figure out your next step--it sounds like the assets are not being protected very well now.

Re: Please help me catch my father~!!!!!!

Money does not sit in probate. Assuming there is a will, the Probate court "Probates" the will according to its terms.

Has a probate been opened? Is there an attorney helping your father? You have the right to see the will, and you have a right to have the court determine distribution rights.

The house cannot be sold without approval of the probate court. It sounds like you could use some help, but representation could cost $2000-4000.

Re: Please help me catch my father~!!!!!!

You've assumed your grandfather wanted you to have anything. Continuing that assumption why don't you go to the County Recorder's Office and look a the deed. Your grandfather may have put the property in your dad's name. Or grandfather may have placed title in his and your dad's name as Joint Tenants. When you know that then you can file a petition for probate of your grandfather's estate in the County Superior Court, Probate Department. Also if your grandfather did the smart thing, and put the property in a family (inter vivos) trust. That will show up on the deed. So do your home work, and then get back with more facts.

Re: Please help me catch my father~!!!!!!

What do you mean by "probate offices?" The best place to start is by lookiing at the will. If it is in probate, you can get a copy, and see if you are in fact an heir. If so, you are entitled to appear and object to proceedings if legal grounds exist. You are also entitled to file a Request for Notice to get mailed a copy of proceedings in the probate court. There are a lot of things you can do to protect yourself, but it is best to use an attorney knowledgable in probate matters.

Re: Please help me catch my father~!!!!!!

You have gone to the probate office and they have told you there is no probate. Now go to the room where wills are kept for safekeeping and see if your grandfather's will is on file there. Be sure to go to all of the courts near your grandfathers home. Let's assume you are right, that there is no probate.

As an heir to the second degree you have the right to see the will. Ask your father to show it to you. Then you will know if you were mentioned in the will.

If your father is the only person mentioned in the will or if there is no will you have no claim.

If you are mentioned in the will go to an attorney.