Legal Question in Wills and Trusts in California
Can I object to a petition?
Me and my sister both received a petition for probate that my mom filed. My father passed away in 2004. I'm not sure if he left a will. I don't know if me and my sister are entitled to the estate my father left. It says on the letter that unless we waive this notice or consent to this, my mom will be responsible and is authorized to do whatever she wishes to the house.
I am afraid my mom will sell this house. I still live with her and I would like to continue paying for the mortgage and keep the house. What are my rights?
2 Answers from Attorneys
Re: Can I object to a petition?
Your rights depend on how title was held to the property, whether or not there was a will and if there is a will, what it provides. Generally widow's are entitled to a portion of the estate which could include an interest in the house. As for your rights, if the house was held in joint tenancy, you may not receive any interest in it. See an attorney for more details.
Re: Can I object to a petition?
You may be able to successfully object to the petition. It depends on whether there was a will and other factors.
Your rights depend on whether there was a will and what it states and how the property was held.
You should do something before the hearing on the petition; such as file opposition and appear at the hearing.
If you would like a free initial consultation, please e-mail me with contact information or call me. I have over twenty-five (25) years experience in these matters.
Good luck and thank you for your inquiry.
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