Legal Question in Wills and Trusts in California

Liquidating assets before Probate

My father died recently and left a Will, where my Stepmother and her family received 100% of all assets and his own three children received zero. We are considering contesting the Will. The will has been placed in safekeeping but has not been filed for probate.

Can my stepmother liquidate property or assets before probate or the will is contested?


Asked on 3/02/05, 12:27 pm

1 Answer from Attorneys

Scott Schomer Schomer Law Group

Re: Liquidating assets before Probate

It all depends on how the assets were held. Joint tenancy assets are going to be transferred without probate, as are beneficiary accounts. Depending on the size of the estate, she may be able to avoid the formal proceeding. You should see an attorney as soon as possible.

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Answered on 3/02/05, 12:40 pm


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