Legal Question in Wills and Trusts in California
PETITION FOR PROBATE value = ZERO !
I received a Petition to probate will and to administer and a copy of the will from my departed family member. The petition to probate is from a family member whom is the directed executor as per the will. The petition form shows a ZERO value of the estate !
I am in the will and part of the estate was left to me, I know it has at least 100,000 value in a house, land and possible other things.
There is a court hearing in coming up and I was told that that ZERO was customary,
IS this true ? or what should I do ? Should I ask for an accounting or will the court order one?
3 Answers from Attorneys
Re: PETITION FOR PROBATE value = ZERO !
File something with the court identifying the assets of the estate and their approximate value.
Re: PETITION FOR PROBATE value = ZERO !
The petition for probate should estimate the value of the estate. A probate referee will be appointed to appraise any assets. If there is real property with an approximate value of $100,000 it should be listed.
Without seeing the petition, I can not advise you further. If you have any further questions, please call me at (818) 991-6664 for a no charge consultation and case evaluation. I have over 20 years experience in these matters.
Good luck and thank you for your inquiry.
Re: PETITION FOR PROBATE value = ZERO !
What you can do it is send to the court a request for notification of all matters to be heard before the court. That would be done in a written form. You can get that form over the Internet by checking the Superior Court site in the county in which the probate is to be heard. go to probate forms and it is entitled request for notice. Additionally, write a letter to the attorney for the administrator of the estate. Ask for an explanation of the 0 dollar amount but also for copies of every document filed with the court. The administrator should in a short period of time 1 to 3 months maximun file an inventory and appraisment with the court with a list of all the assets and estimated value. ask for this and ask now for a copy of all trust, or will documents. really to protect yourself seek the aid of a good probate attorney.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
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