Can I become Estate Representative without going to probate and start a big ordeal with the courts ? If so is it pretty simple ?
Live in California, my father passed away with no will, need to straighten out his medical mess. There is a pension fund that I am concerned the collectors might get.
2006-08-03 13:45:01 · 6 answers · asked by Sara C 1 in Politics & Government ➔ Law & Ethics
ok, so does anyone know what this might cost & if I need an attorney ? Thanks :)
2006-08-03 13:54:23 · update #1
Even if he had a will, all estates must go to probate. If there are little or no assets, probate is almost a formality.
2006-08-03 14:25:09 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
Only a Probate Court can appoint a Personal Representative. If there's a "medical mess," and a pension fund without a designated beneficiary, there is already an "ordeal" of some size, so you have no choice if you think there are any assets worth saving.
2006-08-03 13:51:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The best point was mentioned above (dawne do right). It depends on the type of ownership the brother and sister shared. If it was joint tenants, then the sister is the sole owner of the property. If it is tenants in common, then the brother's share will go to his heirs. Tenants in common can be equal or unequal shares. you can check the county register of deeds to see how the ownership was set up. His estate does not necessarily have to go to his daughter, that would be for a probate court judge to decide. The sister could contest your daughter's claim, or make it very difficult to sell the property to get your daughter's share of the money out of it. With or without a will, only the court can determine what it to be done with an estate.
2016-03-26 22:14:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You have not stated whether the pension fund is all that the fathr had left behind. If so that his his own earning and he could have bequeathed it to anybody not necessarily a relative. You have also not stated whether father has left any other heirs-wife,brother, sister who would have a claim if there is no will.Also please check up whether father has nominated you or anybody to received the balance pension fund in case of his death. If he has named you it would be comparaively easy for you to stake a claim to it. However, courst have ordered in some cases that the nomination merely indicated the agent of the deceased to receive the amount and not necessarly a bequeathal in some insurance claim cases. Look into all these matters and if there are no near and dear relatives you can straightway claim the amount of the pension fund and look into the pending medical bills. However, in all such cases it is advisable to consult a competent lawyer to avoid any complications in future.
2006-08-03 13:59:19 · answer #4 · answered by Prabhakar G 6 · 0⤊ 0⤋
I believe you need to go to Probate Court if he had no will (which means he wouldn't have named an Estate Representative). It is a simple process since you are his child.
2006-08-03 13:50:33 · answer #5 · answered by merlestine114 1 · 0⤊ 0⤋
Oh magad, why did he die intestate? My mother just passed in April, had a trust, and I transferred the property for $35.00, and am done. As for medical bills, we, also, always had an ancillary policy to back up Medicare. I really feel sorry for you. It sounds as if you just walked into all of this recently. My sympathies to you.
2006-08-03 13:50:15 · answer #6 · answered by violetmax 3 · 0⤊ 0⤋