Legal Question in Wills and Trusts in California

suit to take home

I must go to trial on 10-25-05 for a lawsuit my stepsister

is plaintiff. I want to delay the trial until I can get a

probono attorney. I am low income a senior and legally

handicapped. The mobilehome is in my name and my stepsister's name. I have resided here for the last 25 years. The last 10 years I took care of my stepmom,who died

of cancer on 1-31-04. Now my stepsister wants to sell the place. But will says I can stay.


Asked on 10/20/05, 1:49 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: suit to take home

Why don't you file a probate of the will and seek to be appointed the administrator, then consolidate the cases. One would think that the will should prevail.

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Answered on 10/20/05, 1:52 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: suit to take home

if you have the original will, or a copy stating your rights, then your sister does not have much of a "legal leg to stand on" in probate court. the only possible remedy she may seek under the circumstances is to ask the court to partition the property per se. if you contact us today, we may be able to further assist you in this serious legal situation.

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Answered on 10/20/05, 2:30 am


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