Need more facts to tell. Who's the adminstrator? You?
Specify what role you play in the administration of the estate (beneficiary? Administrator?), and why you want to object. We'll be better equipped to give you advice with more specific facts.
If you are the administrator of an estate, you will need to retain counsel to file an 850 petition unless you are the sole beneficiary. Even if you are the sole beneficiary, you should retain counsel if you hope to have any chance of success.
If you have been appointed by the court to act as administrator and if Wells Fargo is holding proceeds from a fire insurance policy that WF not entitled to, you should be able to recover those funds without the necessity of an 850 petition. If, however, Wells Fargo is first payee you probably have to use those funds to repair the property or pay off the loan.
My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
It's the estate's executor's or administrator's job to "get" insurance proceeds or anything else for that matter, that the estate needs. You may be able to "intervene".
A personal representative can file an 850 petition if the decedent had an interest in the insurance policy and Wells Fargo is holding the proceeds. If this is a Trust that is being administered, the trustee can do the same thing. The idea is to marshal assets into either the estate or trust estate for disposition through probate, or from the trust. I am unclear why you want to oppose this, but if a motion is filed, you may file an opposition motion under most circumstances.
If you are the administrator, then you have the authority (and duty) to marshal and recover estate property. An 850 Petition is probably the right means to do so. In certain instances, a beneficiary also has the ability to file a petition, as well.
However, these petitions are tricky and must be properly drafted. I agree with Attorney Daymude. You should consult with a Probate/Probate litigation attorney to make sure that this petition is done correctly.
Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.
Yes. It is right and duty of personal administrator to marshal assets of estate. This includes right and duty to file PC 850 meritorious petition.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline