Legal Question in Wills and Trusts in California

What Do I Do Now? My dad passed May 2014 and my mom passed Jan 2015. We were in the process of setting up a trust but failed to get her 2nd signature. What do I do now? Do I have to file probate papers? Do I have to continue paying their credit card and loan payments? How do I get their mobile home and car out of their names and into mine? Is this all done through probate? If so, do I HAVE TO get a lawyer? or can I do it myself because there is no way I can afford a lawyer. Please help! I'm so confused


Asked on 7/27/15, 5:25 pm

3 Answers from Attorneys

William Christian Rodi Pollock

You will probably need to consult with a probate attorney to look at youur circumstances and title documents and advise you how to proceed. The process will be dependent on the names on title and the determination of whether the moblie home is realty or personal property. Differingprocedures may apply. Without more, there is little anyone can do to advise you, There may be ways to avoid probate, but much more information is needed to determine if they would be applicable to you.

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Answered on 7/27/15, 5:33 pm
Aaron Feldman Feldman Law Group

I am sorry for the loss of your parents. If you do need Probate (and if the Trust was never established, then chances are you do) then you should hire a Probate attorney to assist you in settling their Estate. If they have assets under $150,000, then you may be able to avoid going to Court (depending on the nature of the assets in the Estate). It sounds like there are creditors and opening a Probate may be needed to cut off additional creditors' claims. Only a real consultation with an attorney will help decide what is truly needed in your situation.

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Answered on 7/27/15, 5:42 pm
Michele Cusack Pollak & Cusack

Note that if you need to probate the estate, the probate lawyer gets paid out of the estate, when it is settled. You don't have to come up with money up front, except for filing fees.

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Answered on 7/27/15, 8:54 pm


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