Legal Question in Wills and Trusts in California

Re: Probate -

By reading what you wrote I can only assume the following:

1. You are #3

2. You need some form of income immediately because of a pending eviction

3. Your sister, #2, lives in the home, filed the Probate, hired the attorney and is, therefore, executor of the estate.

4. For some reason there is property tax due on the property and it is showing you as requiring to pay.

Am I close?

It would seem that the transfer from #1 to #2 may be invalid. Depending on how it was done, (if the inheretence was disclaimed), #1's share would be equally distributed between #3 and #2. Again, it would depend on how transferred.

The tax would be due and payable by the estate, not by one individual; if I am reading into the tax question properly.

As far as making them move forward...Probate court is what it is. It takes time, this is why we recommend trusts over wills alone. If you are in dire need of funds, you can petition the court to sell the house immediately, this would occur during the Probate process. You can also petition the court to have #2 removed as executor or have yourself and/or #1 added as co-executors.

If I read this right, you should retain your own attorney. It appears you are near our office so I recommend you call and make an appointment to go over all this.

You can learn a little more about our firm as well as some general probate and trust laws on our firm's website located at No-Probate.com. We can also be reached at the phone and address provided by LawGuru.

Regardless who you choose to represent you, it appears you need counsel to asssit you because Probate court can be very confusing and expensive. It can be more so when someone is representing themselves.

Re: Probate -

Your questions are specific, but don't contain enough information to answer. First ask the lawyer for the Administrator of the Estate. If the answers are not satisfactory, contact a lawyer to represent you and look into it. You will have to give the lawyer a lien agaisnt any inheritance given your dire financial straits.