Estate Claim Objection Process

Summary

To object to an estate claim in California, file an Objection to Probate or Contest of Trust form with the probate court. A will specifies estate distribution, while intestate means no will exists, and state law governs distribution. A revocable living trust cannot be created posthumously. If someone claims a trust was filed after death, contesting it may be necessary. Gather relevant documents, such as letters indicating inheritance, and consult a probate attorney for guidance.

Full Conversation

I'm not sure what is the difference
In California, the difference between a will and intestate (without a will) is important:
- Will: A legal document where the deceased person specifies how their estate should be distributed.
- Intestate: The deceased did not leave a will, so the estate is distributed according to state law.
Is there any document or indication that the deceased left a will?
I'm not sure what would I need to fill out to stop this person or to be included in the probate case
To object to a person's claim to an estate in California, you generally need to file an "Objection to Probate" form, especially if there's a dispute over the will or the distribution of assets.
One question: Do you know if the deceased had any legal documents like a will, or if the estate is being claimed without one (intestate)?
I'm not sure but someone filed a revocable living trust after he died on my house
To clarify your situation, a revocable living trust cannot be established after the grantor's death, as it is meant to be created and managed by the individual while they are alive. If someone is claiming a revocable living trust was filed after the grantor's death, this could be grounds for contesting the trust.
To move forward:
- You may need to file an "Objection to Probate" or "Contest of Trust" with the probate court.
- It would be helpful to consult with a probate attorney for specific guidance on your case.
Do you have any documents related to the trust or the estate?
A letter sent to me by the person asking me that every thing would be mine upon their passing
To protect your interests in the estate, you should consider taking the following steps:
- File an "Objection to Probate" or "Contest of Trust" with the probate court.
- Gather any documents related to the estate, including the letter indicating everything would be yours.
- Consult with a probate attorney for personalized guidance.
Is there any specific document or evidence you can access that might support your claim?