Adviced don't go to Probate Now being Sued

[4mysister]

What is the name of your state?California.

This is a question about for my best friend i often refer to as my sister.We'll call her Mary. Mary lived with her boyfriend( we'll call him Joe)about the last 17 years.About the last year of Joes life Mary had to take care of him (slow failing kidney, liver, enlarged heart). Mary got on a program to be a payed in home care worker which wasn't easy to get on. She worked with a Hospice program that sent a Nurse to their home and other services. A few months before Joe died he put the title of the real property in Marys' name. They were still paying for it, a mobile home on approx 3/4 of an acre of land in Redding. When Joe passed away, Joe's daughter filed for Probate. Mary was adviced by an Attorney not to go to the probate. And Mary said she didn't mind to let Joes daughter be the administrator of the estate, and already signed papers for it. Now the daughter is sueing Mary claiming financial dependent abuse, and that the changing of the title of the property is not valid. The Attorney that adviced Mary not to go to the probate hearing said Mary has got this lawsuite beat with testimony from the Nurse and other staff from the Hospice program, but he would need $5000.00 retainer to do it. Please any advice would be appreciated. Mary is still in mourning and this is so overwelming. She received the papers on August 10th 2005. Another attorney? Can she represent herself an call her wittnesses from the Hospice program?

 

[BlondiePB]

What is the name of your state?California.

This is a question about for my best friend i often refer to as my sister.We'll call her Mary. Mary lived with her boyfriend( we'll call him Joe)about the last 17 years.About the last year of Joes life Mary had to take care of him (slow failing kidney, liver, enlarged heart). Mary got on a program to be a payed in home care worker which wasn't easy to get on. She worked with a Hospice program that sent a Nurse to their home and other services. A few months before Joe died he put the title of the real property in Marys' name. They were still paying for it, a mobile home on approx 3/4 of an acre of land in Redding. When Joe passed away, Joe's daughter filed for Probate. Mary was adviced by an Attorney not to go to the probate. And Mary said she didn't mind to let Joes daughter be the administrator of the estate, and already signed papers for it. Now the daughter is sueing Mary claiming financial dependent abuse, and that the changing of the title of the property is not valid. The Attorney that adviced Mary not to go to the probate hearing said Mary has got this lawsuite beat with testimony from the Nurse and other staff from the Hospice program, but he would need $5000.00 retainer to do it. Please any advice would be appreciated. Mary is still in mourning and this is so overwelming. She received the papers on August 10th 2005. Another attorney? Can she represent herself an call her wittnesses from the Hospice program?

Mary needs to hire an attorney.

 

[Dandy Don]

What is the value of the mobile home?

How much is left on the outstanding loan/mortgage balance before it's paid off in full?

Does the decedent have any other assets in the estate that could possibly pay off the loan?

Too bad that the decedent didn't leave a last will and testament--that way his wishes for this lady to have the mobile home would have been secured.

She should be shopping around for fee estimates from other probate attorneys--surely one can be found who will do it for less than $5,000. This is not a do-it-yourself matter and she would be foolish to try to defend it herself.

What are her intentions for the mobile home--does she want to live there or would she be willing to sell it after the loan balance is paid off? Would she be willing to give up half of her interest in the mobile home if she agreed to sell it and give daughter the other half with the stipulation that the other daughter drop the lawsuit?

If she doesn't have enough cash on hand to pay attorney fees, then she should consider getting a loan from a bank or credit union and putting up the mobile home as collateral.

 

[Dandy Don]

She should also consider posting a brief version of the question on www.lawguru.com and if you mention what city and county you live in, you will probably get some interested responses from local attorneys in your area who might be willing to accept your case for a more reasonable fee.

DANDY DON IN OKLAHOMA ([email protected])