Legal Question in Wills and Trusts in California

Probate

My husband died suddenly intestate and his adult son immediately went to an attorney and filed to be administrator or the estate. He has lied about me in court documentsdand is trying to have me leave with ''just my clothes.' Is there anything I can do about his lies? I can no longer go several places because he has told everyone that everything is in forclosure and being lost because of me and that I am sucking everything up. People have called me to ask why I am doing this. I have not done anything except pay all the bills and make all the payments on everything in the year since my husband died and file to be administrator as my husbands surviving spouse. His son somehow downloaded our joint savings account statements and is saying that I am stealing from his Dad's account and it is not mine! It has been our joint account for years!


Asked on 7/18/09, 9:31 pm

1 Answer from Attorneys
Frankie Woo Fiducia Legal

Re: Probate

Did you hire an attorney to file an objection or file a competing petition to be administrator?

The joint savings account does not belong to your husband's estate. It belongs to the survivor of the joint account.

How was title to the real property held? If there is nothing in your husband's estate (if all of the property is held jointly), then there is nothing much your son can do as administrator. However, you should act immediately to protect your rights, as usually the spouse has priority to serve as administrator.

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Answered on 7/20/09, 1:25 am


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