Legal Question in Wills and Trusts in California
Choosing a Lawyer
Father died 25 years ago with no will. Widow granted co-tenancy w/ my sister and I. The widow & sisters hate each other. The property was a 3 bdrm/2ba home w/pool on 1/3 acre. Widow was also granted residency in the home for her natural life. Widow is now deceased. My sis and I live in different counties than the ''estate''. Rumor has it the widow has been in a convalescent hospital for over one year prior to her death. What about the taxes on the property? What about the condition of the property? How do my sister and I go about finding an aggressive/expedient attorney to help us get rightful and legal possession of this estate and extract any of the widow's relatives/possessions in the ''estate'' ?
2 Answers from Attorneys
Re: Choosing a Lawyer
Start with recommendations from your financial advisors and any attorneys you already know--for the situation you describe, you'll need someone familiar with both probate law and real property law. In addition, there may be some Medi-Cal claims issues regarding the nursing home stay.
It's also important that the attorney know deadlines, like having only one year to file any action against her estate, which can be shortened to four months once a probate is opened for her.
Her relatives may try to say you aren't entitled to anything, but real estate agreements, even oral ones, can be enforceable.
Re: Choosing a Lawyer
Before you hire an attorney, go to the "estate" and see what is happening. There may be no one living there, it may be a crackhouse, etc. Why spend the money to have an attorney investigate what you can do yourself? You may or may not need an attorney, but with your lack of information you definitely need to see the place.
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