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.
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