Legal Question in Wills and Trusts in California
Death with no will
My husband killed himself.he had no will. He killed himself because the court gave his property to another person. The property was in an appeal by another person, now that appeal is in limbo. The other person has opened a probate case on my husband for real proeprty only. They have tried to force me to become the adminastrator.but there is no property. I have gone to 5 attorneys, none of them will touch this probate case because they say there is no estate.But this jerk wants the appeals case to come to an end and he keeps taking me back to probate court and trying to force me to be the adminastrator. I have told them I am not an attorney and I do not have the money to go throught this legal affair when the property belongs to someone else.Help!!! What can I do? I have gone to legal aid but they only cover family law.
2 Answers from Attorneys
Re: Death with no will
No, he cannot force you to be adminstrator.
Re: Death with no will
Don't know. Your husband's interest in the property is an asset of the estate. If you have children, it should be transferred to you and them. If no children, then to you and his parents if they are alive. Otherwise to you. Anyone interested in the estate can apply to be adminstrator. So, if you don't want to, tell the cretin to apply for letters of adminstration himself.
I am sorry for your loss.
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