Hayward, CA asked in Estate Planning, Family Law, Real Estate Law and Probate for California

Q: By me signing probate papers does that give up my right to my fathers portion of the house?

My dad passed away I am his only child and have 3 kids. My dad left no will and was living in a house that was left in a trust to him and my aunts equally by my grandma. They want to sell the house. That’s fine. They wanted me to sign probate papers and I won’t because I can’t get a lawyer to explain them to me. By me signing probate papers does that give up my rights to being my fathers heir?

2 Lawyer Answers

A: Unfortunately, no lawyer can help you without reading the paper you have been asked to sign. If it is a release, then that's one thing. If it's a Notice to Beneficiaries, that's something completely different. Plus, each document contains different language, so we would have to read your specific document to be able to advise you. Imagine if I asked you to tell me if the book in my hands is a good book, but I won't tell you its title or what topics it covers. We'd have to guess and you definitely don't want us to do that! Sorry!

Howard E. Kane agrees with this answer

Howard E. Kane
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Answered

A: I'd be happy to explain the probate paperwork to you. Simply email it over to me and we can set up a consultation.

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