Walnut, CA asked in Elder Law, Estate Planning and Real Estate Law for California

Q: Can i be Admin/pttioner of Est & also file850 prbt code to quiet title? bcuz A home incld in estate is mine,not decedant

Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying. Later the house sold in foreclosure for more than i owed. Then my uncle submitted a claim to collect the surplus and thats when i found out what got done. So then he proceeds got sent to civil court dept 40 in los angeles to let judge figure out. My uncle started probate but i didnt know til later when an attorney recommended to join related cases with the probate. I did not want my money to get tangled up into a probate case bcuz that property belonged to me and i have my proof and evidence that what they did is fraud. I couldve had my money released from civil crt but it went to probate crt. Im not an attorney I have no clue wats right,wrong or procedures.But can this go back to civil crt?

1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: In California, you can file a petition for the appointment of an independent administrator of the estate but you cannot be the administrator because you have a conflict of interest.

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