Advice from the group..

[yjc...@gmail.com]

So here's the situation my uncle passed in january (sad story i know)
and he owned real estate in oakland. He purchased the home 1978,
before he was married. Since he has passed my grandmother has been
contacted by the probate court (next of kin, because he had no
children). My grandmother has also been contacted by my uncle's wife
(here's the rub). I don't have the paperwork but my grandmother thinks
she's being sued by my uncle's wife in court (maybe probate). My
grandmother asked me to handle this because she lives in florida.

Should i get a lawyer? And if so any suggestions?
Wondering if anyone has tips, ideas, any suggestions?
Im going to email mr. grant also, but he's most likely out the state
with a drink and a party.

Any type of info will help, or even a discussion about the situation
will help.

[Indigo O. Dutton]

Hi Yves,
Sorry to hear about your uncle and your grandmother's concerns. It's hard to
say much without the actual paperwork. You don't even know if there is a
suit at all. It would stand to reason that the wife would be the actual next
of kin, not the mother, unless they are legally separated, in which case I'm
not sure. But this isn't something I'd think you could do by proxy. Maybe
find a lawyer for your grandmother, but I'd think she would have to show up
in court herself to fight for the property, if she decides it's worth doing
that.

Best of luck,
Indigo

[Aditya Angrish]

Hi Yves,
Its probably a good idea to speak with a lawyer about this. Normally property acquired before (or after) marriage is not community property, but only a lawyer will be able to look at the details and tell you for sure.
Either way, if there's a lawsuit, there has to be a claim/complaint filed with the court. You probably want to get a hold of that as well before you speak with the lawyer.

Regarding representing your Grandmother, get a power of attorney from her that will allow you to represent her. (again, talk to a lawyer on how exactly to draw up this document - it has to be notarized)

Aditya

[Angela Mitchell]

Hi Yves, sorry to hear this. For a quick answer you can go to the online lawyers Just Ask for as little as $15; you ask your questions and they will respond to you. They will probably tell you that you need a lawyer but they could explain to you why. Its either Justask.com or Justanswer.com. I used them last month when my sister's husband passed away and she had questions about his job issuing the husband's paycheck  to his estate instead of in his name or my sister's name. She could not deposit the check into their shared checking account made out to his estate to pay their bills. They told me to tell her to hire an attorney but gave me the "why". She then hired an attorney and he drafted a letter for her for $150! She was able to get the paycheck reissued.
California is a community property state. Do you know if your uncle had a will? Probate usually takes months. I think the wife has to petition the court trying to claim the property. She is probably not suing your grandmother, but I'm not 100% sure.

--
Angela Mitchell,
Real Estate Agent
Options Realty Group
510-435-0724 (Direct)

[yjc...@gmail.com]

Thank you all for your help..

So far i have found out that my aunt (the wife) is petitioning for the
estate (Spousal Property Petition, totally legal), She put my
grandmother on the petition as well. My grandmother has to come to
court or attorney or one who has power of attorney to prove she is the
surviving parent. My aunt and grandmother will split the estate 50/50
due to "Intestate Succession" because the estate is separate property,
not community property.

I guess the decisions after "the law" is all up to my grandmother, but
now she knows that 50% is hers. Thanks everyone.

[Becki Sanders]

Sounds right that the grandmother would get it (unfortunate in some cases, like this), but true.  You definitely need to talk to an attorney.  I had a legal question not too long ago and my friend who is in law school sent me the information below which probably applies to you as well:

I would try the website that I listed below.  I would also try calling the East Bay Community Law Center.  You usually have to meet certain income qualifications to get help there, but I believe they also have a self-help center called CLASS where you can get assistance if you make too much money.  I would also try the Alameda County Bar Association number at 510-302-2222.  If you don't meet their income qualifications for free legal help, they may be able to refer you to someone who might be able to give you advice for a fee.

Website: http://www.lawhelpcalifornia.org/CA/StateSubTopics.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/CA/TextOnly/N/ZipCode/%20/LoggedIn/0/iTopicID/828/sTopicImage/g-consumer.gif/bAllState/0

GOOD LUCK!
Becki

[Indigo O. Dutton]

It seems Yves was able to clarify that rather than being at odds, the aunt and grandmother were intending to split the estate, so likely just a matter of getting a lawyer to work out the details as the case moves through probate, but I’m curious: It seems folks feel that if there was an effort by both spouse and mother of a deceased person to exclusively inherit the estate when there was no will, it would be the mother who would be considered next of kin. But when someone is on life support and doctors are asking for guidance on whether to pull the plug, it is the spouse who is considered next of kin. Why is it that you think in this case the mother would be considered next of kin?

 

Best regards,

Indigo