Legal Question in Wills and Trusts in California

Probate - No will

My mom died intestate and i hired a lawyer that filed petition in the wrong court. the reverse mortgage will forclose the house in 6 mths if not paid. it is only worth what is owed maybe a little more. can this be consided small estate or can I do an ex parte emergancy to pull out of probate or get letters of admin now in order to sell? I fired the attorney and the estate can no longer afford it. the case was transfered and there is no hearing date yet. there is a conf status Nov 3r 2008 and I wanted to do the exparte on my own. is this possible?


Asked on 10/31/08, 7:56 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Probate - No will

The court could appoint you asthe special administrator for purposes of preserving estate property. Once appointed, you can bring a motion to stay foreclosure. It's tough to do without an attorney, but not impossible.

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Answered on 10/31/08, 10:53 pm


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