Annie isn't talking.....
I hate to sound so stupid about this - obviously, probate should have been opened (in 1993 when my father died) as his car and bank accounts were in his name only - and these are things that should have been probated. I am still unsure as to how the properties were titled at time of father's death - I've emailed Annie about this and natrually, she's ignoring me. In any event - here are some questions..
1) By law, is Annie now required to open probate for our father's 1993 death / estate? If she doesn't, can Susie Q? In any event - who, exactly, is (was) responsible to probate father's estate?
2) How will this impact our mother's 1995 Trust? California Succession rules (thanks Senior Judge) are in opposition to our mother's Trust.
Thanks!
Annie hasn't spoken to any of the beneficiaries (sisters) since our mother died in October 2003. Since then, the beneficiaries have had to petition to court to compel her to account, then we filed our objections to the accounting, then the court rejected and refused to file the accounting, and now we're going to mediation (per Annie). That's where we're at right now, regading our mother's Trust.BelizeBreeze said:Annie needs to find out how title was held in the community property BEFORE any negotiations proceed. If the house was not JTROS or the auto was titled in MOM AND dad's name instead of "OR" then there are problems that a probate attorney will help you to unravel.
I hate to sound so stupid about this - obviously, probate should have been opened (in 1993 when my father died) as his car and bank accounts were in his name only - and these are things that should have been probated. I am still unsure as to how the properties were titled at time of father's death - I've emailed Annie about this and natrually, she's ignoring me. In any event - here are some questions..
1) By law, is Annie now required to open probate for our father's 1993 death / estate? If she doesn't, can Susie Q? In any event - who, exactly, is (was) responsible to probate father's estate?
2) How will this impact our mother's 1995 Trust? California Succession rules (thanks Senior Judge) are in opposition to our mother's Trust.
Thanks!