Legal Question in Wills and Trusts in California

Mom just passed away and left no will. My dad is also gone. My name is on the death certificate as next of kin. I have four other siblings, what can we do as an alternative to probate?


Asked on 3/29/12, 2:07 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

It completely depends on what property they owned.

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Answered on 3/29/12, 2:14 pm
Joshua Hale Hale Law Group

Partially depends on what property they owned, secondly depends on if they left any testamentary devices like a will or trust.

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Answered on 3/29/12, 2:25 pm

I'm sorry for your loss.

Whether a probate is going to be required will depend upon the nature and extent of the property that your mother owned upon her death. For instance, if she owned a house that was in her name then a probate is likely going to be required in order to transfer title from her name to her children, or to sell it and have the proceeds split between her children. This will also depend on the equity that she had in the house.

What you will want to do is start making a list of her assets, house(s), car(s), bank account(s), stock(s), bond(s), etc., with a rough idea of their value and whether there are any loans securing any of the property such as a mortgage on a house.

You should then contact an attorney to discuss options.

I would be happy to speak with you in this regard.

Caleb

Tel: 805-494-6557

email: [email protected]

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Answered on 3/29/12, 3:18 pm


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