Legal Question in Wills and Trusts in California

parent with no will

father passed with no will. devorced, two adult daughters. assets 11000in bank, car 6000,insurance to kids total 27150 no property. youngest took car and 1600 cash and all personal belongings to michigan. debts medical rehab center wants 11500. furneral costs 11745. We paid 6000 of our own money for the cemetary. sister with the car say too bad and wants half with out any expenses and wants to keep car etc. Would probate be required in california or in our state of michigan. what would the costs run. are the medical debts due out of his bank account or should that money be used 4 furneral costs. insurance sent a paper to authorize them to pay furneral costs before despersing payments. is that the best way to pay, unshure if more debts are outstanding. the cost and procedure are important we dont want to be taken advantage of but the family is verbaly abusive to eldest about not giving in to youngest by just paying for all the bills out of her share


Asked on 4/26/05, 8:43 pm

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: parent with no will

The main probate should be done in the State/County where the decedent lived. If that was California, then the probate should be in the county in California where your father lived. Any ancillary probates would be necessary only for real estate that was outside California. For more info, please contact my office at (248)851-3171.

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Answered on 4/27/05, 1:42 pm
Scott Linden Scott H. Linden, Esq.

Re: parent with no will

If your father resided in CA, then CA law will apply. If the total value of assets (ignoring liens and other amounts owed) is under $100,000, the a CA Probate is not required.

You can learn more about Probate and the related procedures on our firm's web-site www.No-Probate.com. We also provide the forms necessary for the small estate (under $100,000) filings.

Please feel free to call our office for a free consultation at 626-578-0708.

Scott

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Answered on 4/27/05, 2:24 pm


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