Legal Question in Wills and Trusts in California

How do we get the estate?

My father in law passed away on memorial day of this year. he asked me to hand write a will for him while he was in the hospital. the will stated my wife would get his estate. his friend was named executor in the will. the friend has since taken tools, guns, cars, and other items from the estate, and will not file the will with the court to find if it is valid. the will was signed by 2 people not listed as beneficiaries. i cant find a lawyer to take the case, because it is a small estate. how do we get this taken care of. we live in texas. i called the police, they said it is a civil matter, not a crime to take from the estate. the 'executor' has made death threats, harassed us, and will not do any of the things that are necessary for this estate to be handled by the court.


Asked on 9/20/04, 1:55 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: How do we get the estate?

1. You need a California lawyer that practices in the county where your father-in-law died; and

2. You need to pay the lawyer for his or her time without regard for the potential recovery.

If the size of the estate isn't worth your money, it sure isn't worth it to a lawyer.

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Answered on 9/20/04, 2:19 pm
Scott Linden Scott H. Linden, Esq.

Re: How do we get the estate?

Do you have a copy? File the Probate yourself. Are the total assets valued at over $100K? If so, a Probate is required.

Tell you what, take a look at dome general Probate info on our site, www.No-Probate.com, make special note of the Small Estates section. If you still have questions afterwards, please contact me through the site or directly at 626-578-0708.

We are a Trusts and Estates firm located in Pasadena, CA with 25 + years experience.

Regardless, you may be able to effect some of your wishes through some more simplistic mediums...for example:

Notify the DMV that you father passed and that you are next of kin. Same for the firearm. Was it reregistered?

You have some solutions, but they all cost at least some money to utilize.

Best wishes.

Scott

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Answered on 9/20/04, 4:59 pm


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