Legal Question in Wills and Trusts in California
if I file a spousal property petition(under probate code 13500) and my wife's sister falsely replies that she has a writing that her sister left her something, could that throw the estate into probate? she died intestate over three years ago. i did receive oral requests for her personal effects from her relatives in the Philippines with which i did not comply.
1 Answer from Attorneys
Probaby not, but without a complete review of what she claims to have, it is difficult to give a complete answer. Because you are the surviving spouse, everything should pass to you, unless she prepared a will and/or trust. Depending on what her sister has, it may or may not comply with the requirements for a will and/or trust. If not, then there is no issue, if so, then there may be a triable fact for the Court, The next question is to ask if what she is claiming is valued at over $100,000, therefore requiring a Probate. Any idea what she is claiming?
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
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.