Legal Question in Wills and Trusts in California
My Father passed away on 9/14/09 I brought his Will to the clerk at the probate court. What is the next step? My father has a mobile home that has a loan against it (now owned by the city) which would need to be paid with in 45 days however the Will states that my sister and I do not inherit for 45 days. There is very little money and I am on unemployment. Do you have any suggestions?
1 Answer from Attorneys
I'm sorry for your loss!
I don't know what you mean by you "brought his Will to the clerk at the probate court." Did you file a petition to be appointed executor, or did you merely deposit the will with the clerk?
In any case, you might contact the creditor, explain the situation to it, and see if they'd be a bit flexible with you. I take it that you were not a joint signator on any of your father's bank accounts that would allow you immediate access to the money on deposit.
Also, depending on whether the mobile home is considered real property, you might have to begin probate to dispose of it properly.
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