Legal Question in Wills and Trusts in California

If a Separate Spouse wants to become the Executor

I'm living in the house my Aunt died in this past Dec and her Husband who she was separated from for 25 years is trying to become the Admin. She had a written will that wasn't signed and dated. She wanted nothing to do with him. Should I allow Probate to happen next month or petition the court myself. The Estate will be less than $300,000 but I don't want this guy to have authority over anything of hers. Is it worth to fight the issue or hire an Attorney. He signed a Quick Claim deed when she bought the home. Does that exclude him for any profit? He is also blocking a Joint Bank Account I had with her since 1992. The Attorney's at the Bank froze it because they got nervous. The Probate hearing is next month on March 25th. Thank anyone for any advise.


Asked on 3/01/05, 7:37 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: If a Separate Spouse wants to become the Executor

You need to file an objection to his petition and petition to probate the estate yourself. He will have no right to act as administrator over someone who is a blood relative.

Attorney fees are paid from the estate, so usually you have no up front $$ (although some will request that you pay the filing fee).

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Answered on 3/01/05, 7:57 pm


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