Legal Question in Wills and Trusts in California
what should be included in a written objection to the petition to administer estate? who is entitled to receive personal property (money) of a deceased, if there is a surviving spouse, adult children and grand children?
2 Answers from Attorneys
What should be in the opposition to the petition: It depends on what your objection is- usually the objection to such a petition would be to the person asking to be appointed as executor. If no Will, spouse is first in order of priority.
Who inherits the deceased's money: It depends on whether there is a Will. If none, all community property to spouse, and separate property 1/3 to spouse and 2/3 to children (if more than one.) Nothing to grandchildren (unless child who is parent predeceased.)
In addition to Ms. Cusack's answer above, if you are objecting to distribution, that is not at issue with the petition to administer estate, but will be when the petition for final distribution is filed.
If you object to the Will or to who is asking to be appointed by the court, then you have to object to the petition and state the reasons why the Will is not valid or why the person should not be appointed. If you have a different Will, contend that there is no Will or want yourself or someone else appointed, you will also need to file a competing petition to administer estate.