Legal Question in Wills and Trusts in California

My landlord just passed away a couple of days ago. She has no relatives and no will. What can I do legally to get her buried and settle her estate. I am only a friend, not a relative.


Asked on 9/14/09, 7:13 pm

2 Answers from Attorneys

Scott Schomer Schomer Law Group

You will most likely need to commence a probate proceeding. If you are appointed administrator of her estate, this will give you the power to deal with her burial and settle her estate.

Scott Schomer

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Schomer Law Group is a law firm focusing in the areas of probate, wills, trusts, estate plans and serving the greater Los Angeles area.

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Answered on 9/14/09, 7:19 pm
Scott Linden Scott H. Linden, Esq.

I concur with Attorney Schomer. However, the Probate Court will probably have you attempt to make contact with any known relatives, so if you know any, no matter how ditant a relative, you may just want to start with that. If there is going to be any cost, (ie to try to locate anyone; within reason), then you probably will want to start the Probate first so the cost can be deferred to her estate.

Normally, if an estate is under $100,000 you can do a short form Probate, but I am not certain if you can do that in your situation.

Be prepared to watch her mail for the next month or so to see what creditors she may have had. Hopefully you will also receive a bank sttement to let you know where she banked. These will eventually be needed, so you may as well get those as soon as you can.

Next, I suggest retining an attorney to assist you with the rest of the proceedings. Although you can do a Probate on your own, it is a bit complex and you are most likely going to need experienced guidance through the process.

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

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Answered on 9/14/09, 8:33 pm


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