Legal Question in Wills and Trusts in California

Executors and beneficiaries

My uncle died and named no beneficiary or executor on any of his property. There are tons of bills and checks coming to his house addressed to his estate. My family and I are trying to figure everything out. We need help appointing an executor, since my uncle did not appoint anyone. Please help.


Asked on 7/11/09, 2:37 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Executors and beneficiaries

Since you state that your uncle has a home, that I can only assume he owned, then you will need to start a Probate proceeding. The Court will assit you in appointing either a family member or a court appointed executor.

This is also based on the assumption that your uncle did not have a will or a trust.

Our office specializes in these matters and we would be happy to assist you, but we will need additional information.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 7/13/09, 2:26 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Executors and beneficiaries

Probate is likely required, and can be started by filing a petition for probate and appointment of administrator with the court in the county where your uncle lived. This process will allow for the creditors to submit their claims, as well as allow the administrator (yourself or someone your family nominates) to get control of the property and deposit the checks/income.

At the end of the process (about 6-12 months), the court will issue an order transferring the property to the heirs under California law--an attorney can review the titles to assets and the surviving family members and let you know how the estate will be divided.

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Answered on 7/14/09, 7:33 pm


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