Beneficiary Rights In Probate

Summary

Beneficiaries in California can challenge real property conveyances due to undue influence either within the probate case or through a separate quiet title action. Relevant statutes include California Probate Code § 850 for petitions to determine property title, § 17200 for trust affairs, and Civil Code § 1575 for undue influence. Addressing undue influence within probate is often more efficient, consolidating proceedings and reducing costs. The motion to file is a Petition to Determine Title to Property under Probate Code § 850. For specific filing, prepare the petition with evidence, file in probate court, and serve notice to interested parties. Consult a probate attorney for tailored advice and ensure compliance with legal requirements.

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what are the citations for filing in the probate matter
In California, the relevant statutes for filing a probate matter related to undue influence include:
- California Probate Code § *: Allows for petitions to determine the title of property.
- California Probate Code § *: Provides for petitions concerning the internal affairs of a trust.
- California Civil Code § *: Defines undue influence.
Would you like more specific information about the filing process or the forms needed?
is it easier or better to do it through the probate on behalf of the estate as executor?
It's generally more efficient to address undue influence within the probate case as it centralizes all related proceedings. However, it may depend on specific circumstances of the case. Consulting with a probate attorney can provide more tailored advice. Do you need information on finding a probate attorney in your area?
how is it more efficient to recover real estate in the probate case as an executor based on undue influence on the decedent before her death, and what is the name of the motion one would make in the probate to recover the real estate and set aside the pre-death conveyance in california
Case Rating: *
In California, addressing undue influence within the probate case is more efficient because it consolidates legal proceedings, reducing time and costs. The motion you would file is a "Petition to Determine Title to Property" under California Probate Code § *.
Would you like more specific information on filing this petition?
yes
Case Rating: *
Filing a "Petition to Determine Title to Property" under California Probate Code § * allows you to address undue influence claims within the probate case, potentially making the process more streamlined. For specific filing details:
- Prepare your petition with necessary evidence.
- File the petition in the probate court handling the estate.
- Serve notice to all interested parties.
Would you like detailed steps on preparing and filing the petition?
draft me a sample Petition to Determine Title to Property for California Superior Courtin and for the County of Humboldt in a probate matter entitled Estate of Adeline J. Dutra. He date of death was September *, *. Lucas Stream Dutra is the Petitioner. Frank Dutra is the Respondent
Case Rating: *
Sure, here is a sample petition for your review:
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Petition to Determine Title to Property
California Superior Court
County of Humboldt
In the Matter of the Estate of:
Adeline J. Dutra, Deceased
Case No.: PRO123456
PETITION TO DETERMINE TITLE TO PROPERTY
Lucas Stream Dutra, Petitioner,
vs.
Frank Dutra, Respondent.
INTRODUCTION
*. Petitioner: Lucas Stream Dutra, an individual and the executor of the Estate of Adeline J. Dutra.
*. Respondent: Frank Dutra, an individual and beneficiary of the Estate of Adeline J. Dutra.
*. Decedent: Adeline J. Dutra, who passed away on September *, *.
ALLEGATIONS
*. Decedent's Estate: The decedent's estate includes real property located at [property address].
*. Undue Influence: Petitioner alleges that the decedent was subject to undue influence by the respondent, resulting in the conveyance of the said real property to the respondent prior to the decedent's death.
*. Title Dispute: Petitioner, on behalf of the estate, seeks to recover the property and set aside the pre-death conveyance.
LEGAL GROUNDS
*. Probate Code § *: Pursuant to California Probate Code § *, this petition is filed to determine the title to the property in question.
*. Probate Code § *: The petition also concerns the internal affairs of the estate as per California Probate Code § *.
*. Civil Code § *: The claim of undue influence is defined under California Civil Code § *.
PRAYER FOR RELIEF
Petitioner respectfully requests that the Court:
*. Determine that the conveyance of the real property to the respondent was the result of undue influence and is therefore void.
*. Order that the title to the property be vested back in the estate of Adeline J. Dutra.
*. Grant any further relief that the Court deems just and proper.
Dated: [Date]
Respectfully submitted,
[Signature]
Lucas Stream Dutra,
Petitioner
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Make sure to review and adjust the petition to fit your specific circumstances and consult with a probate attorney to ensure it meets all legal requirements.