Legal Question in Wills and Trusts in California
it states in my divorce decree, that my mobile home gets paid off through his estate with his pension, we had this set up this way.my husband remarried, he recently passed away, and his current wife won't give me or his children any info on his will,when and what county the probate filing will be in, I need to file a claim so my interest is protected and my home gets paid for like agreed. how do I do this when we cannot get information we need?
2 Answers from Attorneys
If there is a will, it should be lodged in the county where the decedent (dead person) resided. Ditto re: probate.
Previous counsel response is correct. But additionally, obtain a certified copy of your divorce decree, and record with the agency that is the registering agency for the title of your mobile home, federal or state DMV. If necessary, you may need to file a petition to administer the estate of your forrmer husband to obtain a court order awarding you the mobile home as stated in the divorce decree. You are advised to obtain probate counsel to assist you right away to assist you, in preparing the petition to probate to administer the estate and to file your claim for the mobile home.
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