My sister died without a will and we want to petition "request" to open her estate. There was a Trustee were being told who handle her deceased fathers estate who hire an attorney and is trying to so to speak beat us to the punch to open my sister estate. By us having control over her body which would be better for us the heirs to file a Title 1 or Title 5? We want to file ASAP!!!
Estate Planning Attorney
The probate code provides a list of the individuals who have the power to act as the executor and the order they are to serve. If your sister was married, her husband would have priority, then adult children, etc. To file for the probate, you would need to complete the necessary documents, file them with the court, then send notice to required individuals. I have not idea what you mean by filing "Title 1 or Title 5."
Estate Planning Attorney
Not every estate needs to go through a formal probate. Estates under $100,000.00 can be handled by use of an affidavit. Additionally, any assets that are jointly titled or have beneficiary designations pass according to those terms. Your sister's probate estate consists of everything else; so it is possible that you won't even have to go through a probate administration.
Lastly, the Probate code provides statutory authority for priority re. who will be the administrator of your sister's estate.
I am not sure what your reference to Title 1 or Title 5 means.
The Law Offices of Erin E. Dixon is an Estate Planning, Trust, Probate, Divorce and Family law firm serving Southern California with offices in the Santa Clarita Valley and the South Bay.
Employment / Labor Attorney
Sounds like there's two separate estates: your sister's estate, and her father's estate. If this is the case, your sister's father's Trustee likely has no standing, right, or priority to administer your sister's estate.
However, if they (sister's father's Trustee) petitions the Court first, and you don't object, they could potentially be granted the right to administer the estate. I'd suggest talking to an attorney ASAP to get this thing off the ground properly.
Feel free to e-mail me directly at firstname.lastname@example.org if you want to discuss this matter further.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
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