Legal Question in Wills and Trusts in California

Re: Sister died

You need to contact a probate attorney. Your sister and niece do not have the legal authority to sell any property or withdraw funds from any bank accounts without a court order. Once a court order is obtained, if a trust does turn up, then you can dismiss the probate.

Re: Sister died

If a will or trust can be found,the terms can be carried out. Depending on whether there is a trust or will and whether her house was transferred prior to her death will all go towards whether a probate needs to be filed with the Court.

If there's no will or trust, then since there is real property there will likely need to be a probate.

It is possible to handle a probate on your own, but I would not recommend it.

Let me know if you are interested in help on this.

Caleb

Re: Sister died

If the estate is under $ 150K you may avoid probate. Contact me directly.

Re: Sister died

I am sorry for the loss of your sister.

I would look through her belongings and any safe deposit box for a will and trust, and contact any attorney she may have used.

You are going to have open a probate, unless there was a trust and the property was in the trust. This could easily be determined by checking with the county recorder to see if her home was in trust. If not, probate is necessary.

If you would like a free initial consultation, please call me. I have over 25 years experience in probate and estate administration.

Good luck and thank you for your inquiry.

Re: Sister died

The power of attorney means nothing after her death. Anyone interested in the estate can file for letters of administration which will allow that person as personal representative of the estate to marshall (discover and collect) assets, pay bills and distribute any net assets to her heirs.