My Fathers Estate is under $100,000 and is mostly cash
Napa, CA
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Posted 22 days ago in Probate
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Two of my four sisters are only willed $10.00 each. Should I retain an attorney in case they dispute it.
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Answers (1)Trevor Garrett Jackson
This attorney is licensed in California.
Posted 22 days ago.
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First, if the value of the estate is less than $100,000.00, then the disposition of the estate falls under Division 8 of the Probate Code (commencing with section 13000). That means the distributions can be accomplished without substantial court oversight after 40 days of the decedent's death. It is done mostly by declarations filed with the court.
The bad news is that Probate Code section 13006 defines a "successor of the decedent" as ALL beneficiaries to the estate. So all of your sisters will need to cooperate if you want to avoid attorneys and protracted probate court proceedings. It's also not clear whether your father owned any real estate. If he owned property - and he is the only one named on the deed - then his estate would exceed the $100,000.00 threshold. Also, what else did the Will say? Did he recommend who he would like to act as his executor? There are a lot of facts that affect the answer to your question. Depending on those facts - and your concerns that some of your siblings may dispute the Will - you should probably consult an attorney. Be sure to have a copy of your father's Will and an inventory of his assets and debts so that the attorney can advise you accordingly. Best of luck, and my condolences for your loss.
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