Legal Question in Wills and Trusts in California
Father died with no will
My father in law died with no will. He sold some property he inherited a few years back and did an owner finance. He receives monthly payments from the buyer. My husband and brother in law are the only children and plan on splitting the monthly payments. Is this something requiring probate? Will it be long and drawn out with no one contesting anything? Can we get by using a paralegal as they are much less expensive?
3 Answers from Attorneys
Re: Father died with no will
probate will likely be necessary. if you want the process to be completed as smoothly and quickly as possible, you should retain a qualified attorney.
Re: Father died with no will
Based upon the very limited information above, you will probably have to probate his estate even if his estate only consists of a promissory note and deed of trust.
As to a paralegal, I strongly suspect that such person would be practicing law without a license. You may want to call the California State Bar to confirm this.
Finally, I would not recommend you doing this yourself. I have seen too many persons trying to do it themselves get into trouble. (Don�t forget that attorneys have to go to 4 years of college, 3 years of law school, pass a very difficult bar exam, and then usually practice with a firm for several years before they even begin representing clients on their own.) You may even unnecessarily expose yourself to personal liability, that an attorney would easily prevent from happening.
Sorry for these strong words of caution, and not so good news. But hopefully the information has been helpful. Please do not hesitate to contact me if you have any questions.
Sincerely,
Kai H. Wessels, Esq.
(toll free: 877-Wessels)
The above is provided for information purposes only and is not intended to be relied upon as legal advice.
Re: Father died with no will
If the value of the note is currently $100,000 or more than a full probate is required by law. Hire a competent probate attorney and it should go smoothly. While you can hire a paralegal or do it yourself the odds of it being done in the minimum amount of time possible (7 months) is much better with a well qualified probate attorney. Contact me if I can help. -John
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