Q: My ex Died suddenly, 10 yrs ago w/no will. He had 1 child whose lived in the home since & paid the mortgage & taxes.
He has never been able to pay the $10,000 for probate, which he should have done with the insurance money ... but he was too overwhelmed, in college, trying to pay all the bills (including those of his dad's fiancée & 2 girls). $144,000 doesn't go very far.
The house is beginning to fall apart now and needs some serious repairs. He just had a baby and is taking care of me now, too. Is there any precedent, law, way that he can get the process done without paying a ton of money. Perhaps a do it yourself thing that an attorney might review?
The house is not a huge estate ... regular neighborhood-4 bed/2bath. He either wants to get the home up to par (especially for his baby) or sell it and get his family a newer home that is already in great shape.
Thank you kindly.
A:
Wow. SO much going on here. Let's just start with the major points: 1) It won't take $10,000 to handle a SIMPLE probate where the main (only?) asset is a house. California, as most states these days, allows for simplified probate for 'smaller' estates, and even if this can't be classified as a 'small' estate, it still shouldn't be THAT expensive.
Secondly, this SHOULD have been done a long time ago. I recognize that sometimes people don't want to deal with things 'right away' because of other pressures, but that means you can wait a few weeks not a decade to wrap things up.
WHOEVER has priority under California law to file probate needs to get that done ASAP to insure things turn around. A visit with a local probate lawyer who can provide some guidance on what needs to be done now is long overdue. If the first lawyer wanted $10k before they would talk, find a different local lawyer! You'll be better off getting real advice rather than fishing on the internet!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
Andy Chen agrees with this answer
A:
I concur with Kenneth. There is an aspect of California law that helps you tremendously here: California lawyers cannot charge upfront for cases. By law, probate lawyers in California get paid out of the estate of the deceased. There is a table of percentages -- in other words, the lawyer gets X % of the first $100K, Y % of the next $250K, etc.
Google "California Probate Code section 10800" to see the precise table.
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