Legal Question in Wills and Trusts in California
wife died intestate in august 2006. in 2002 i donated my separate property condominium purchased in 1998 to the community. am I excluded from filing an Affidavit under section 13540 Probate code? is my only remedy to file a Spousal Property Petition?
Asked on 10/13/09, 9:04 pm
2 Answers from Attorneys
Donald Field
Donald L. Field, Jr., Attorney at Law
this depends upon whether or not all of the estate assets which would otherwise be subject to probate are held as community property. you should retain a qualified attorney to review the facts, provide advice and prepare any necessary petition or other documents.
Answered on 10/14/09, 10:40 am
Depends on two things: 1) how is title held and 2) what the title company says.
Answered on 10/14/09, 11:12 am
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