Legal Question in Wills and Trusts in California

To Timothy McCormick,

quote from your answer "unless an heir or potential heir objects to something), and rules on objections or challenges to anything the administrator is doing. "

Do we file the objection with the probate court ? Will the court accept the objection with proof of record showing my brother is not legally married to this claimed spouse? Appreciate your answer. I have sent a separate email asking your consultation pricing. Thanks.

Asked on 10/31/13, 11:57 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Without knowing the procedural status of the probate case, there is no way to answer the question. Has a probate been opened? Is there an administrator appointed yet? If so, who, and what has the administrator done and/or filed so far? What, if anything, is currently pending before the court for any determinations? Etc., etc., etc. You don't just start a probate case by filing an objection to something, and you don't file an objection unless something is pending. If she has already been appointed administrator, you may have lost your chance to object to that, but you may still have opportunities to object to her receiving assets. There are just too many "ifs" to deal with what you can or should do via an internet Q&A.

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Answered on 10/31/13, 12:17 pm

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