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What is the law for probate, in Calif.? Uncle has 2 properties, one is a rental. He has sister in another state.

Thornton, CO |

There are two properties. On the main residence, there are two people who are living in ajoining rooms attached to house. They do not pay rent, or utilities. My uncle, who is very ill in hospital, did not assign a beneficiary to the properties. At this time he is unable to communicate and may not survive. He does have a sister in another state, who is ill as well and unable to travel. How do I keep the property in our family? How long is the probate process and can I have these two people removed, legally?

Attorney Answers 3


  1. You should re-post this question in the California law section, as you need a California lawyer to answer this.

    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  2. I agree with Mr. Rich, this is not really a question for a Colorado attorney if the property is not in Colorado, unless of course that attorney is also licensed to practice law in the state of California.


  3. I agree that you should repost as a California question. I would simply add that, unless your uncle has a Power of Attorney in place, or the properties are in a trust, there is no legal way for you to take charge of this situation, unless you are appointed the guardian and/or conservator for your uncle. You should consult with a lawyer to determine how to proceed.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** 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. I hope you our answer helpful!

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