My sister died Intestate and insolvent
If the estate is insolvent, nothing to probate. Just have him sign an agreement.
Glendora, CA
Family Lawyer at Glendora, CA
Practice Areas: Family, Divorce & Separation ... +3 more
If the estate is insolvent, nothing to probate. Just have him sign an agreement.
You need to talk to a probate attorney on how to claim this asset of their estate. If you are not listed as the beneficiary of the account then...
You don't file for dismissal. You need to file a response and deny all of the allegations. You really do need an attorney to help you. If none...
This question is so cryptic that it is impossible to give any response. Who are you in relation to the decedent? Is there a Trust or Will or...
The beneficiaries of the Trust have a right to demand an accounting of the actions of the successor trustee and demand it in the proper probate court.
I suggest that your mom retain counsel on this matter in the divorce.
You can't be charged for a debt that was paid in full and of course, you can prove that it was paid in full.
CP only gets divided if there is actually a CP value and CP payments aren't "credited" against the SP investment.
Have a heart to heart talk with your attorney on this matter. Might be some miscommunication going on.
If the child will be safe and cared for, then I don't see it as a problem.