Chino Hills, CA asked in Probate, Real Estate Law and Estate Planning for California

Q: Can anyone reference CAcase in which probate cd850 was used to excluded real property frm estate...title illegal change

Heir did an illegal title change on a house and after mother passed (No Will) heir open probate case and claiming house which did not belong to mother. House really belongs to someone else. This is the only thing in probate. Need to get this house out of this estate. And what to do for Inventory and Appraisal form? How to fill it out form if this house dont belong to decendant? And can i REJECT claim from health dept?

1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
  • Estate Planning Lawyer
  • Redlands, CA
  • Licensed in California

A: Probate Code section 850 allows for a personal representative or any interested person to file a petition requesting the court make an order where the decedent died holding title to real estate and the property is claimed to belong to someone else. (Probate Code section 850(a)(2)(C).)

You should object to the probate case, and file an "850 Petition" to determine who owns the house.

If the house is not in the estate, then an Inventory and Appraisal is not required.

There is no form for an "850 Petition," you have to draft it on pleading paper.

If there is a Department of Health Care Services (Medi-Cal) creditor claim, then only the personal representative can reject it.

This is too complicated for you to do on your own. Call an attorney for help with this.

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