Legal Question in Wills and Trusts in California

Re: incomplete contracts

Thank you very much for your question. As other attorneys may have told you, you need to probate your husband's estate. If you reside in Santa Clara County, a probate petition will have to be filed in the Santa Clara County Superior Court. Commencing a probate proceeding will force the creditors to file their claims against your husband's estate within 4 months of probate notice. If the creditors do not file their claims within 4 months of notice, then they will most likely not be able to recover any money. Those creditors who file their proper claims within 4 months will have to be paid from your husband's share of the estate. Prior to payment, each creditor will have to convince the administrator of the estate that his/her claim is proper. As to selling your husband�s business, that depends on the liquidity of his other assets, and what the heirs of his estate (most likely you) want to do with the business.

Most importantly, you should retain experienced counsel to assist you in probating your husband�s estate. The court process is not easy for one who has little or no court experience. I am located in downtown San Jose and am willing to assist you if you so desire. Please do not hesitate to call me at (408) 268-2580 if I can be of further assistance.

Sincerely,

Kai H. Wessels, Esq.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances.

Re: incomplete contracts

You need to find an attorney who does work in Probate. A lot will depend on whether or not your husband's business was in corporated.

Please call me if you ned help.

Ken Koenen

925-924-0100

Re: incomplete contracts

See an attorney experienced in probate--there are certain deadlines for actions against your husband if the construction complaints are against him personally. If the construction business was a corporation, the timelines are different, but his personal assets may not be affected.

In any case, you should begin the correct proceedings in probate court to confirm property going to you and to begin the statutory creditor claims period.