lodging will

[ordinary jiujitsu guy]

What is the name of your state?California, Alameda county

I am the named trustee on my late mothers trust and I need to lodge her will with the county.
I need help with the affidavit. I went to the court recorders office and they said i needed an affidavit. Later that day I found out I need to lodge it with superior court probate division. The only thing in the will is the house that is %85 owned. There are 2 other brothers. 1 is on title for 1/2 and my other brother and I split the other %50. My asked my brother that is on title to sign a quit claim which he refused. He. also has never contributed anything towars the mortage upgrades or any bills. he moved out 8 years ago. I live in the house. and have paid for 1/2 of everything for the last 12 years. My question is can someone direct me on writing an affidavit to lodge the will.
Thank you

 

[adjusterjack]

Unless you are willing to spend tens of thousands on an attorney to litigate who gets what percentage of ownership for what reason, then only what's on the deed counts. If the deed specifically states a percentage for each owner then that's the percentage you are all stuck this.

As for the affidavit, that is specific legal advice that you will need a lawyer for because we are not allowed to give specific legal advice. Go to the court's website and see if there is a form there.

 

[ordinary jiujitsu guy]

Unless you are willing to spend tens of thousands on an attorney to litigate who gets what percentage of ownership for what reason, then only what's on the deed counts. If the deed specifically states a percentage for each owner then that's the percentage you are all stuck this.

As for the affidavit, that is specific legal advice that you will need a lawyer for because we are not allowed to give specific legal advice. Go to the court's website and see if there is a form there.

i did. There is no specific form. I was afraid of that (the 1st part) Thank you for the assistance

 

[zddoodah]

I am the named trustee on my late mothers trust and I need to lodge her will with the county.

When did your mother die? Why do you think you need to lodge her will? Are you referring to the procedure outlined in section 8200(a) of the Probate Code? Who is nominated in the will as executor? Is it a pour-over will such that the trust functions as the primary document governing the disposition of your mother's assets?

I need help with the affidavit.

What affidavit?

I went to the court recorders office and they said i needed an affidavit.

Who is "they"? A clerk in the Alameda County probate court clerk's office? If not, what does "the court recorders office" mean?

The only thing in the will is the house that is %85 owned.

Huh?

There are 2 other brothers. 1 is on title for 1/2 and my other brother and I split the other %50.

Again, huh? Are you saying that you and your two brothers own something (a piece of real property?) 50:25:25? If so, what does this have to do with your mother's estate or her house, which you described as "%85 owned"?

My asked my brother that is on title to sign a quit claim which he refused. He. also has never contributed anything towars the mortage upgrades or any bills. he moved out 8 years ago. I live in the house. and have paid for 1/2 of everything for the last 12 years.

OK...so?

can someone direct me on writing an affidavit to lodge the will.

I'm at a loss to understand why you think you need an affidavit to "lodge" the will. It kinda sounds like maybe you went to the county recorder's office and got some information that isn't relevant. If you click the link above, you'll see that you don't need to do anything more than mail the will (certified or registered) to the court clerk.

That said, if you're the trustee of a trust and are not the sole beneficiary of the trust, I strongly urge you to retain the services of a local probate attorney.