Legal Question in Wills and Trusts in California

Probate Property

Our family resides in a home that was owned by my wife's grand parents who are now deceased. No other family member has their name on the title. We would like to have our name transfered to the title so that we are the legal owners of the home. It is our understanding we must go through probate to do this. What legal documents must we submit to the court in our California county? Can the documents be purchased and we file them ourselves or do we have to hire a lawyer? What type of store do we purchase the forms from? Our funds are limited and we are hoping to do the paperwork ourselves. We do understand that there are court costs involved. Your help would be greatly appreciated.


Asked on 1/24/06, 4:35 pm

4 Answers from Attorneys

Re: Probate Property

You should really consider hiring an attorney as your case will be complex for most non-lawyers. If you insist on doing it yourself the Court will sell you most of the forms you will need. However, I can almost assure you it will not be easy for you. Yes, attorney fees can be a lot but we don't get paid until the end. Additionally, our firm will often front all the costs which can easily exceed $1,000. Again, though it is true a person "can" do a probate without a laywer I recommend you consider hiring an attorney. We do work throughout California and would be happy to talk to you about your case. Good luck.

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Answered on 1/24/06, 4:51 pm
Robert Mansour Law Office of Robert M. Mansour

Re: Probate Property

I agree with John. Probate is a very long and tedious process. Hire an attorney to walk you through the process, file all the forms properly for you, help you with the necessary accountings, creditors, etc. There are also other pleadings that may need to be filed and appraisers to deal with. If your goal is to sell the property, you can pay your attorney out of those proceeds or pay part of the fees with a credit card if they accept credit cards. Truthfully, a lawyer is your best bet. I agree with John Palley who posted earlier.

Robert Mansour, LosAngelesProbateLawyer.com

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Answered on 1/24/06, 5:09 pm
Kai Wessels Kai H. Wessels

Re: Probate Property

I too recommend you retaining counsel in order to assist you with the probate process. While almost all the documents are forms, knowing which ones to use is usually much too difficult for a lay person. In the long run, you will be much better off having an attorney assist you.

Good luck, and if I can be of further assistance, please let me know.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-wessels)

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Answered on 1/24/06, 5:39 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Probate Property

I am assuming there is no will or trust involved. Probate will not just involve the house, but all property owned by your grand parents. Because of the way things work without a will, there could be other people who would have a claim against the estate and the property. If there is not enough assets to satisfy everyone, the property may need to be sold.

There are also issues regarding Medical. If payments were made by medical for your grandparents, the state of California could have a claim against the estate.

Probate is not an easy process. Attorney fees are established by statute, and the attorney does not receive payment until the case is settled (sometimes a year or more after it started.)

Let me know if I can help.

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Answered on 1/24/06, 6:02 pm


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