Hello, my fiancee, brother-in-law, and mother-in-law have been dealing with probate since 2005. Their father passed away with no will so it was supposed to be given to the kids. They are clueless to what has went on. I have looked over the papers and I found out that on 2013 they were ordered final distribution. It states PURSUANT TO CALIFORNIA PROBATE CODE 6402(A), THE DECEDENT'S ESTATE SHALL BE DISTRIBUTED IN EQUAL SHARES BETWEEN ALJEANDRO MAGANA ORTEGA AND THE GUARDIANSHIP OF THE ESTATE OF LUIS MAGANA-ORTEGA, SACRAMENTO COUNTY COURT PROBATE CASE NUMBER xxxxxxxxxxxxx.
However the house is still in the fathers name. What steps are needed to remove the father's name and place the kids' names on the house? It's been way too long.
Typically upon presentation of a Certified Court Order, and the supporting documentation required by the County Recorder, the transfer can be recorded. The family should ask the Administrator to check with whomever represented the estate in the Probate action to see why it was not completed.
I am an attorney licensed in Nevada. Court decisions, Laws and Statutes vary by jurisdiction. You should contact an attorney of your choosing in your jurisdiction to discuss your matter further. All answers are general information only and are not legal advice. No attorney-client relationship is created by answering questions on this site.
Yes it has been way too long. You probably have a hot mess on your hands given the order above andor whether or not the order should actualy be set aside if there are in fact different facts to show it. But, each county has its own rules of cases are not handled properly and timely. This might be the case above. But, really? Hire a probate attorney. It appears that the people doing this have no clue and then probably describing to you in this very limited form would also be fruitless. There might be more to the estate then real property also, so a proper order for final distribution should be carefully looked at for getting this hot mess resolved. There are many excellent probate attorneys in Sacramento and who also participate on this site. Suggest you contact one of them.
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