Legal Question in Wills and Trusts in California

The property is in probate right now, I live in the house. I used to take care of the owner, plus he and my sister were supposed to be married but She died of cancer, so We were very close. A aunt (on the day he died) told the neighbors "give the house to Lynda" Now shes filed for admin. and already put the house up for sell. We've put a lot of money into this house, as when he died he was in the middle of replacing all the drywall and eletric. You could see from inside one room to the next. Plus we put up bullnose the whole place looks nice. My question is, is it to late to file a pettion or Mechainics lein?


Asked on 2/02/12, 3:42 pm

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

If you are asking to be reimbursed for expenses that you personally paid on behalf of the Decedent before his death, then you are a creditor and you have four months from the date that letters of administration were issued to file a creditor's claim or 60 days from when you received a Notice to Creditors.

If you are asking if you have time to file a petition asserting a right to the house, you should contact an attorney to discuss all the facts and the likelihood of prevailing. It is very difficult to prevail on such a claim since it involves real property and everything regarding real property must be in writing (i.e., a Will or Trust).

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Answered on 2/02/12, 4:15 pm


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