QUESTION
What do I need to file? A competitive petition or an 850 petition or claim?
Asked on May 21st, 2016 on Wills and Probate - California
More details to this question:
My husband died. We are joint tenants on our home. His children opened a probate indicating the home was his sole property. I have the deed showing that it is indeed joint ownership. I have been told that I need to file a competing petition, then I was told I needed to file an 850 petition (but don't know when to file it), and then I was told to file a claim against the probate.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Or all of the above. In probate court, there is more than one petition that will accomplish the same thing. You can file a spousal petition, an 850 petition, an opposition, or a creditor claim. You should hire an attorney to go over your facts and filing one or more of the petitions. This is not a DIY project.
Answered on May 22nd, 2016 at 10:00 AM