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My dad died in california and want to start probate but I live in Michigan, what state do I hire a lawyer?
Question : My dad died in california and want to start probate but I live in Michigan, what state do I hire a lawyer?
My dad passed away unexpectedly at age 65 of a heart attack. He lived and died in San Bernardino, CA. He was not married and had 5 kids including me, all from different women. Of the 5 kids 1 is mentally disabled and her mother is her legal conservator, and one of his kids is a minor, age 14. Before he died he worked for the state of california for a number of years, and I know he had a retirement account, as he was going to retire the year he died, and I know he had life insurance. He had no will at all. I suspect that my dads oldest son, who has the same exact name as him, is trying to take everything. I need to get a probate lawyer but I am in michigan, and he died in california. Do I look for a lawyer there or here? Thanks!
california probate lawyer
Best answer:
Answer by MadMan
You get a lawyer in CA.
Contact the Bar Association in the county where he lived and ask for a referral to a probate law specialist. The attorney must be licensed to practice law in the county where the estate will be probated. A few points, if your father died intestate, without a will, then very specific rules apply as to the adjudication of the estate. First, law of intestate succession holds that his spouse at time of his death is entitled to a share of community property, which is whatever they acquired during their marriage, as well as her own separate property. All of his surviving issue, unless expressly disinherited by some means are also entitled to a share of his estate which would come from the remainder of the estate after his widow gets hers. Before anything else happens, though, the debts of the estate have to be paid, and in intestate cases the state will appoint an executor who will supervise payment of the debts and distribution of whatever remains, including filing tax returns and payment of any taxes due. Be sure there is not a will in existence because if there is a will it will appoint an executor, and that person will be responsible for handling the estate.
As a matter of law, any person having an interest in the estate cant serve as executor, because the law recognizes and implied undue influence in cases of that sort since it would be easy to extort valuable consideration from a senior near the end of their life.