Legal Question in Wills and Trusts in California

My wife's mother recently passed away. She left a will, but no power of attorney for her house that we need to sell. We need to file a form with the court to make her executor of the will and trust so she can sell house and distribute any profits.

I understand there is a $350 court charge, and a charge for listing notice of estate in local paper.

My question is what forms do I need to fill out to file with the courts to get her named as executor of the will and trust.

We need to do something quickly because we have an offer on the house.


Asked on 10/20/09, 12:13 pm

3 Answers from Attorneys

Kai Wessels Kai H. Wessels

You may or may not have to probate the estate. Whatever court action that needs to be taken, you need an attorney. I cannot imagine that you will be able to do everything correctly the very first time without legal help. It is much more complicated than you think, even if much of it is form driven.

So please seek an attorney's help. I am willing to assist if you don't know whom to turn to.

Sincerely,

Kai H. Wessels, Esq.

([email protected])

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Answered on 10/20/09, 12:21 pm

I would suggest you hire an attorney ASAP. A well qualified attorney, such as one who is a certified specialist in probate and trust law, can quickly give you the answers and get the house sold. Doing this yourself will likely lose you money! Hire competent counsel ASAP! -John

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Answered on 10/20/09, 12:23 pm
Scott Linden Scott H. Linden, Esq.

I concur. You need an attorney's assistance. If there was only a will, and the home is worth over $100,000, which there is very little in CA that is not, then Probate is going to be required to dispose of the home. Probate is complicated and takes time, so the potential buyer is going to have to wait until the court gives approval. You can read about the Probate process on one of our firm's sites at No-Probate.com.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 10/20/09, 5:54 pm


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