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How do I put a lien on an estate or person I have a $70,000.00 civil judgment on?: I have a $70,000.00 dollar judgment on some persons who have been occupying my father's estate However I went to probate case settlement and I now want to take the next step to partition off any
share they might have in the estate since the judgment is in excess of that what's next?????

Asked 2 months ago in Probate

Eric’s answer: If you have a debit owed to you by a decedent, you must file a creditor's claim within the creditor's claim period or you will be out of luck. If you do not have counsel for this, you should immediately consult a probate attorney, as the window of opportunity is very limited. You can use the AVVO Find a Lawyer tool or contact your local bar association for an attorney referral.

Answered about 2 months ago.


What to do if you can't find sibling after parents death? : My mother died, no spouse. She doesn't have enough to have to go through probate in ca. My brother is a homeless drug addict somewhere in the world, if still alive. How would I go about answering the questions on forms to collect on her bank account, union benefit and pension. With her body, I put his name and had to wait 10 days for it to legally revert to me because he was unreachable. If I say he exists, what happens after that. Or can I file as sole beneficiary?

Asked 2 months ago in Probate

Eric’s answer: I concur with Attorney James, she has provided sound advice. It is crucial that you provide truthful information, as failure to do so may have substantial consequences. If you lie and your brother shows up, how do you explain? Perjury is not an option.

Answered about 2 months ago.


What if I think the executor of my parents will is incompetent and has mismanaged the estate.: My parent left my sister, the executor, and I the house in which we grew up in and where both of us and my nephew lived in until his death in 2011. She blamed me and refuses to let me back me in. I consulted a lawyer who advised me to force a sell since she is unable to buy me out and is unwilling to work with me. However, she has blatantly failed to fulfill her duties as executor and has, as of yet, complied with the wishes of my deceased parents. There is also a question about the validity of my mom's will who was last to passaway.

Asked 2 months ago in Probate

Eric’s answer: You've already received the advice of counsel. If you don't want to take that path, perhaps considering consulting another probate attorney. Depending on your particular facts and circumstances, you'll likely get a similar response. You need counsel to help you through this process. You can use the AVVO Find a Lawyer tool or contact your local bar association for an attorney referral.

Answered about 2 months ago.