Legal Question in Wills and Trusts in California

My sister died intestate, October 12, 2009. Her son, 13 is her heir. She was divorced from his father. He sold his interest in the house, with a separate court order, and never signed a quitclaim. The ex says he will transfer the house to my nephew. He filed for guardianship of my nephew's estate, not my sister's estate. Doesn't he have to probate my sister's estate? How can I ensure he passes the property to my nephew? He received the money for selling his interest. I think he just wants to get the beneficiary money without probating the estate and perhaps keep the house.

I have property of my own, and that belonged to both my sister and myself from our mother, in her house. How do I get this?

Thanks.


Asked on 1/11/10, 4:36 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

you should retain a qualified attorney to review all of the real property documents and facts of this situation in detail. it is likely that a probate of your sister's estate will be necessary, but this depends upon the specific assets and how title was held. if you have concerns regarding the guardianship it is possible you may be able to object to his appointment as guardian, depending upon what evidence you may have regarding any lack of suitability to serve as guardian.

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Answered on 1/17/10, 4:34 pm


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