Legal Question in Wills and Trusts in California

probate

my dad was murdered a few months ago and the title of the house and his bank account was only in his name. my mom wants her name put on the title to the goverment doesnt take the house away and she wants access to his bank account to help keep paying the bills. how do we get it changed to her name isnt it considered community property


Asked on 9/01/07, 1:18 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: probate

Perhaps, but that is beside point. Since the title and accounts are in your father's name only, you need to open a probate. Once you or your mother is appointed personal representative of the estate you'll gain control of his assets until they can be distributed by court order after probate.

For your own and your mother's future reference, I suggest you get and read my book. It is in plain English and explains all you need to know about how to prevent the types of problems you are experiencing.

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Answered on 9/01/07, 8:31 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: probate

Follow up to my earlier answer, you can find the book at www.yourlivinglegacy.info.

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Answered on 9/01/07, 8:32 pm


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