Legal Question in Wills and Trusts in California
inheritance, probate of estate
im the youngest of 5 children, both parents deceased. mom recently in nov. 2007 dad in 2006. in the past there were many family issues regarding POA for both parents. one of my siblings decided that it was in my parents best interest that they handle my parents finances. even to the extent that they convinced both parents to give them full POA for both. i dont know if there was any will or not. i have lived with parents and cared for them both the past few years. now that both are deceased what is to become of their estate? my siblings have told me that the estate is to be sold and devided evenly among us. when i ask any questions re: the probate or existence of a will i am ignored. who or where do i find somebody who would answer my questions on these matters? i reside in ca. now but am planning on moving out of state soon. should i have an attorney to monitor what is going on? if so are there any out there that work on a contingency basis? i have many questions and information too numerous to list here. any help that i can get here would be appreciated immensely. i know that cases regarding inheritance can sometimes cause much conflict between family members. arent i entitled to know whats happening?
1 Answer from Attorneys
Re: inheritance, probate of estate
Yes, you are entitled to know. You should have received notice if the estate is being probated.
Is there any real property involved in the estate? Do you have an idea what the value of their estate was? These will likely determine whether there is required to be a probate. For instance, in order for title to real property to be changed (assuming that the property was in your parent(s) name) a probate will be required.
A search can be done for the county in which they resided to determine whether a probate has been filed. You can then find out information through the court file.
If you can give me an idea of the above information I can possibly give you a better idea of what can/should be done.
Caleb
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