Legal Question in Wills and Trusts in California

probate estate question

My father passed away and I need to know what I do to start a court case in probate and do I need an attorney


Asked on 11/08/08, 9:02 am

4 Answers from Attorneys

Re: probate estate question

There is no law that requires an attorney. However, an experienced probate attorney will make the process substantially easier for you. Additionally, an experienced probate attorney will make sure the probate process ends in a timely fashion. Generally, in probate Court, if there is a problem everything gets delayed. This is not going to happen with a good probate attorney. If you would like to talk to me about your probate case please call email with the details. I am a certified specialist in probate, estate and trust law as determined by the State Bar of California board of legal specialization. I do probates in every Court in California. Let me know if I can help you.

Read more
Answered on 11/08/08, 10:05 am
R.C. Lim The Law Offices of R.C. Lim

Re: probate estate question

Do you have a copy of his will? If so, it needs to filed in the county where you father lived.

You do not need to hire an attorney, but it is much easier to do so, if you are out-of-state. Depending on how many assets there are and what types of assets they are, your work would range from doable to quite hard.

If you would like to consult about this matter, please give my office a call. You can reach us at 626.689.4072 for the rest of the day.

Read more
Answered on 11/08/08, 10:57 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: probate estate question

If your father's estate exceeded a value of $125,000, then you will very likely need a probate attorney. You'll probably have to post a bond and most bond companies will not issue bonds to executors without legal representation. Call me if you'd like my assistance with this matter. We can do everything by telephone, fax and email.

Note: there are no upfront fees. Payment is made from the estate at the close of probate.

Sincerely,

Phillip C. Lemmons, Esq.

Read more
Answered on 11/08/08, 2:27 pm
Todd Stevenson Stevenson Law Office

Re: probate estate question

If your father's estate is more than $100,000, and he did not have his assets in a trust, you will need to initiate a probate proceeding. You could try to do the work yourself, but I advise against this.

Please give me a call if you wish to discuss further. My office regularly handles the administration of estates in probate.

Read more
Answered on 11/08/08, 3:33 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California