Petition to Determine Succession to Real Property form error, per court.

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1. 

   James Frederick

   Livonia Probate Attorney

   Contributor Level 20

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   Answered October 22, 2012 14:08. Based on my reading of the form and your summary, section 10 would not need to be filled out because your father was survived by issue. (The natural children are "issue.") When you check the box in 10, it suggests that the children predeceased your father, which is not the case.
   
   James Frederick

   *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. less

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2. Licensed in CA

   

   Daniel Little

   Chula Vista Probate Attorney

   Contributor Level 11

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   Answered October 23, 2012 10:13. I concur with the other two answers. You should file a Supplement to correct the error. Language on the Judicial Council forms can be confusing.

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3. Licensed in CA

   

   Eric Jerome GoldPro

   Calabasas Estate Planning Attorney

   Contributor Level 19

   

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   Answered October 22, 2012 17:27. It seems as though you may have misread the form as indicated by Mr. Frederick. Amend and resubmit.

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