Legal Question in Wills and Trusts in California

Re: I am the Spouse and have been told I cant Administrate the Estate

She is entitled to 1/3 of the estate, and his children are entitled to 2/3 of the estate. However, that includes the bills. The estate still owes for the house, and the lender can foreclose if payments are not made. Therefore, tell the daughter and the other relatives to fork over 2/3 of the mortgage, taxes and insurance for the their share, or sign a quitclaim or grant deed to put the title in your mother's name.

Re: I am the Spouse and have been told I cant Administrate the Estate

Thank you for your inquiry.

If you, or your mother, was named in a Will to act as executor, you will be eligible to serve if you are over 18 years old and are not subject to a conservatorship or otherwise unable to perform the duties of a personal representative. If you are not named as executor, or if the decedent did not have a Will, you must also be a resident of the U.S. and have priority to be appointed as administrator (if there is no Will) or administrator-with-Will-annexed (if there is a Will but you are not named as executor).

If there is no Will, or if the Will does not nominate an executor (or the persons nominated are unable to serve due to death or because they do not want to serve), then persons related to the decedent are entitled to be appointed in the following order.

Surviving Spouse (BUT: if a divorce action has been filed but not completed before the decedent's death and the surviving spouse was living separate and apart from the decedent at the date of death, then the surviving spouse is entitled to appointment after the decedent's brothers and sisters)

Children

Grandchildren

Other issue

Parents

Brothers and sisters (including half brothers and sisters, but not stepbrothers and stepsisters)

Issue of brothers and sisters (nieces and nephews)

Grandparents

Issue of grandparents (aunts and uncles first, then cousins)

Children of a predeceased spouse

Other issue of a predeceased spouse

Other next of kin

Parents of a predeceased spouse

Issue of parents of a predeceased spouse

Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as conservator or guardian for any other person

Public Administrator

Creditors

Any other person (neighbors, friends, other non-relatives)

It may be that you (since it states in the headline you are the spouse), or your mother (since the text of your question says this is for your mother, not you), are the surviving spouse, but are not a legal resident. Because of the danger of deportation, then you can't serve as executor.

I hope that this helps, but if you want more information, have other questions, or want legal representation to handle your expungement, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.