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

Asked almost 2 years ago - Rancho Cordova, CA

Form DE 310 for small estates has a question #10 that asks who the decedent was survived by. Does this need to be answered if this was addressed in question#9 pertaining to survivorship? I answered both questions and was told my question 9 was "incomplete" by the judge.

My father was divorced (marked box 2a), had natural children (marked box 5a ) and had no issue of predeceased children (box 8b). None of the other boxes apply. He was survived by a brother so I marked question 10 b (only). Could this be causing a conflict?

Thanks in advance!

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . 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
  2. Daniel Mcgraw Little

    Contributor Level 11


    Lawyers agree


    Answered . 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.

    No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly... more
  3. Eric Jerome Gold


    Contributor Level 19


    Lawyers agree


    Answered . It seems as though you may have misread the form as indicated by Mr. Frederick. Amend and resubmit.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
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