Legal Question in Wills and Trusts in California

I have a been asked to help with a mini probate. This has to do with a property that's worth about 30K. It's a 1970 mobile home on land. I do understand that the mobile home is considered real property and is not part of the land so this will take some other forms to fill out. There is no will involved and the two surviving children are willing to do what ever it takes to clear this matter up.

The lean holder just wants to this property back so that he can resale it. There is no money to be made in fact the lean holder is loosing money.

Ware do I go to get the paperwork to start this.


Asked on 8/18/11, 2:27 pm

5 Answers from Attorneys

"Helping" with a legal matter is a crime if you are not a licensed attorney, and we can be disbarred for aiding or abetting the unauthorized practice of law. So you're on your own.

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Answered on 8/18/11, 4:05 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

I would go to a probate specialist ( an attorney) who can help you start a probate. Probate is one of the most technically complicated fields of the law. I realize money is tight (when isn't it?) but spend the bucks and GO SEE A LAWYER.

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Answered on 8/19/11, 11:28 am
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

I prefer to not simply answer a good question with a response like - "get yourself an attorney." Of course, if you get a qualified attorney, it is best, but it may be cost prohibitive for you. Here's an alternative to Mr. McCormick's refusal to answer (why didn't he just not answer) or Mr. Seidler's advice.

Most courts have a website with a "Self-Help" section. Based on your zip code, I assume that you are in Riverside County. The court's website is http://www.riverside.courts.ca.gov. The heirs (not you, if you are not an attorney) can use the self-help section to find out what to do. If they are not in Riverside County, they can find the right court website at http://www.courts.ca.gov/find-my-court.htm.

I hope this helps more than posting "So you're on your own."

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Answered on 8/19/11, 12:29 pm
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Saltzman and agree with Mr. McCormick. We cannot help you practice law without a license. If we did, that would be aiding and abetting the unauthorized practice of law. If you are not a licensed attorney, you have no business "helping" someone with probate matters.

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Answered on 8/20/11, 12:10 pm
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

I will note that I advised, "The heirs (not you, if you are not an attorney) can use the self-help section to find out what to do."

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Answered on 8/20/11, 2:00 pm


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