What California Law states that you have to file items with the Court in order? Demurrer filed then attorney filed substitution

Demurrers have to be file within time limits or the consequences are severe. It is not unusual that a new attorney has to meet this filing...

In theory, a settlement agreement is an agreement and the parties can agree to anything that is legal. In reality, a pro per litigant can recover...

Do I need to file a competing petition on a home that was joint tenancy between the decedent and myself, or an 850 petition.

A joint tenancy asset passes to the survivor outside of probate. If the house was held in joint tenancy, and you are the surviving tenant, the...

Can I protect my silent interest in my home with a legal device like a trust, lease with option to buy, or land sales contract?

You can protect your interest with various devices including an equity sharing contract, a trust, a partnership, or a deed of trust. All of these...

Can I file a "response" to declarations in probate case?

The Court makes decisions on specific things at specific times. It sounds like the declarations were filed to prevent your appointment as...

What is the difference between "gift by inheritance" and "gift by compensation"?

A gift and compensation are two different things. If you are getting a "gift" by working, then by definition you are being compensated for...

How can we resolve this matter and how much would cost?

Your father-in-law needs to be competent in order to execute a power of attorney. It sounds like he is unable to do so. If you need someone to...

Although tried in probate court, will I be using code of civil procedure (not probate code) to litigate this action?

See California Probate Code section 1000. The probate courts are courts of general jurisdiction and the rules of civil procedure apply in probate...

How can we do this without going to court if possible.

Agreed. Read the trust. A good trust will have provisions on successor trustees, trust protectors or special co-trustee. If you don't understand...

How do I replace a copy of a lost family trust ?

This starts with thorough scavenger hunt through you father's effects. Look everywhere, his files, the closet, the garage, etc. Look for the...