Legal Question in Wills and Trusts in California

Re: Death without a will

Well, you thought enough to ask this question on a local rule then you should be able to use common sense to do what you should've done in the first place. Gather the four sibs and get them to an estate/probate attorney immediately. They have an estate worth something and they should know their rights. If you don't know their rights who would you contact other than a real live attorney who is experienced in this area who can help them. I don't care where you are Mary is somebody who matches that description.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Death without a will

A Petition for probate administration needs to be filed. Let me know if you need help.

Re: Death without a will

I am sorry for your family's loss. If the total assets exceed $100,000, and the decedent lived in California, then a probate will be necessary. This generally involves hiring a licensed attorney but some people do it themselves. I suggest you consult with an attorney who does a lot of probates (at least 20 a year) to make sure you get good advice. Generally speaking a probate involves filing to become the Court appointed Administrator, then gathering assets, determing liabilities, paying taxes, paying liabilities, and distributing assets. It is a 6 month minimum process so the sooner you start the sooner you can finish! Please let me know if we can help. We do provide 100% FREE initial consultations in cases like this.

Re: Death without a will

First of all, my condolences for your loss.

Based upon the facts you have provided and assuming that the estate is over $100,000, more likely than not a probate petition will have to be filed. I strongly advise you to consult with an attorney in your area. If you live in the San Jose area, please do not hesitate to contact me for a free consultation.

Sincerely,

Kai H. Wessels, Esq.

(408) 268-2580

Re: Death without a will

from the facts given, your best bet under the circumstances would be to contact and/or a retain an attorney to begin probate of the estate at issue, especially if the assets total over $100K. if the decedent here died without a will or trust in place, the distribution of assets here will be subject to the rules of intestate succession. if you would like a free phone consultation, email us with your contact information today or call us directly at 562-983-5576.

Re: Death without a will

Someone will need to petition the courts to probate the estate. No other way, unless the estate is very small (under $100K). Anyone who is a relative (child, brother, spouse) can petition to administer the estate. There are a number of highly technical steps that must take place, and it would appear that you might require the services of a probate attorney. Let me know if I can help.