Q: Attny recommended Civil case of Surplus Funds be join w/Probate case. Im against that.Can i go back to original Civil?
I dont need to be involved in probate court. Im fighting to get my surplus funds released to me. Proceeds were sent to civil court bcuz someone else submitted a claim to my funds. There's a fraudulent deed recorded which gifted my house away. I didnt know this til i tried to collect my money and i couldnt. But the person who supposedly owns house past away with No Will and the only living son is the one claiming my surplus funds and openned probate. I have my proof to show judge and get my money released from dept 40 civil. But since cases are joined they say i have to deal with probate court judge. I dont want to fight for my proceeds thru probate court. I want to fight for the release of my money thru the original court CIVIL. Can i go back? How?
A: Whenever someone passes away, the probate court has jurisdiction over the case. You may have to file a petition with the probate court under Probate Code section 850 to determine whether the surplus funds are yours or a part of the estate. There isn't a way to go to civil court for this after the cases were joined.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.