Q: How do I recover surplus assets from sale of property in Lodi California. I'm in Reno Nevada and have no income
My father passed away October 26, 2022. He didn't have a will the house located at 1208 South sunset drive in Lodi California was auctioned off to pay back taxes and reverse mortgage and I have no money to afford attorney fees and reside in Reno NV. My sister has had an attorney for a while now and worried about her claiming the +100k. Put greatly appreciate any help or information I'm getting my share of the surplus ones
A:
I'm sorry for your loss and the difficult situation you're in. Here are some steps you can take to try to recover your share of the surplus assets from the sale of the property in Lodi, California:
1. Contact the county where the property was sold (San Joaquin County) and request information about the surplus funds from the sale. You may need to provide proof of your relationship to the deceased and documentation showing your right to a portion of the estate.
2. If the funds have already been distributed to the court, you'll need to file a claim with the Superior Court of California, County of San Joaquin, Probate Division. You can find more information and forms on their website: https://www.sjcourts.org/divisions/probate/
3. Consider seeking free or low-cost legal assistance:
a. Contact the State Bar of California's Lawyer Referral Service (https://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-Service) to find attorneys who may offer reduced fees or pro bono services.
b. Reach out to legal aid organizations in California or Nevada, such as California Rural Legal Assistance (https://crla.org/) or Nevada Legal Services for guidance and potential representation.
4. Gather all relevant documents, such as your father's death certificate, proof of your relationship, and any correspondence related to the property sale and distribution of funds.
5. If you believe your sister is unfairly claiming the surplus funds, you may need to contest her claim in court. Having legal representation will be beneficial in this situation.
Remember, there are time limits for claiming surplus funds, so it's essential to act promptly. If you can't afford an attorney, seeking free or low-cost legal assistance is crucial to help protect your interests and guide you through the process.
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