how to sue over estate property without a lawyer

Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection. What if there's no probate proceeding?

Full Answer

How do you sue an executor of an estate?

You make your claim by submitting a regular bill or by using a court document called a Creditor's Claim (Form DE-172, available at www.courtinfo.ca.gov ). Submit your claim directly to the probate court and serve a copy on the personal representative.

How to file a lawsuit without a lawyer in Small Claims Court?

Jan 20, 2021 · To understand the rights of an estate beneficiary, one has to understand what an estate entails. When a decedent passes away, the decedent’s “estate” comprises all of the assets the decedent included in their will and any other assets the decedent owned, excluding property in the decedent’s trust or assets that have designated payable-on-death beneficiaries.

Do I need a lawyer to resolve an estate dispute?

Dec 15, 2021 · Sibling disputes over assets in a parent’s estate can be avoided by taking certain steps both before and after the parent dies. Strategies parents …

Where can I sue the defendant in a real estate case?

Dec 14, 2018 · The Legal Process When an executor breaches her fiduciary duty, you can sue her by filing a lawsuit for damages in civil court. You must establish that she does indeed have a fiduciary responsibility to the estate – she’s accepted the position of executor and this should be clearly confirmed by court documents.

What happens when you sue someone?

When you sue, you can get compensation for any financial injury that you suffered. Accordingly, you should gather evidence that shows the dollar amount of your injury. For example, you could get the following: Itemized bills from a contractor or carpenter if you had to hire someone to repair the home.

What is the purpose of discovery in a lawsuit?

Most lawsuits have an extensive fact-finding stage called “discovery.” The purpose is to let you uncover all relevant evidence that relates to your lawsuit so there will be no surprises when the trial starts. You can request information using the following discovery techniques:

What is fraud in real estate?

Generally, fraud consists of any deliberately false statement which was made to get you to purchase real estate. To sue, you need to gather evidence of the fraud and then draft a “complaint,” which you will file in civil court.

What is illegal flipping?

Illegal flipping. Someone buys a home and fixes it up before selling the home for a price well above its appraised value, often using a false appraisal to help seal the sale. Equity fraud. Someone forges your name on the deed and steals the home from you, usually by quickly selling it to a third party.

How to get a referral for a lawyer?

You can get a referral for the right kind of lawyer by calling your state or local bar association. Once you have the name of an attorney who specializes in your area, call and ask to schedule a half-hour consultation.

Who is Lahaina Araneta?

This article was co-authored by Lahaina Araneta, JD. Lahaina Aran eta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies. This article has been viewed 17,314 times.

What is a request for production?

You can make a request for production to uncover copies of any document that relates to the lawsuit. For example, you might want copies of all emails that mention the sale of your house. Requests for Admission. You state facts and request that the defendant admit or deny the truth of the statement.

What to do before asking the court to decide an estate dispute?

Before you make the decision to ask the court to decide an estate dispute (and tell your family that you’re going to sue them), explore the options for other potential resolutions. This approach requires talking with an experienced estate litigation attorney.

How long does it take to settle an estate?

Estate litigation involves a complex legal process. It can take years to resolve the issues. While the litigation is pending, costs add up for the estate and for the person initiating the action.

Why challenge an estate?

There are a number of legitimate reasons for challenging an estate, including: Problems with the validity of a will or trust based on legal requirements for execution; Issues of undue influence over the deceased person; Questions relating to the deceased individual’s legal capacity; or. Concerns about fraud or forgery.

What happens when a loved one dies?

When a loved one dies, individual family members may be surprised and disappointed at how the deceased individual decided to distribute his or her estate. However, disappointment — or even shock — is not enough to establish a basis for a court action.

What is court action?

A court action involves court costs, as well as expenses relating to gathering evidence, such as taking witness depositions and using expert witnesses (which is necessary in some cases). Over time, the costs and fees add up. Those expenses decrease the assets in the estate.

What is a will contest lawyer?

A will contest lawyer can help to not only bring a will contest but to defend against one if another beneficiary, an heir or the executor is challenging an estate beneficiary’s right to an inheritance.

What happens if an estate beneficiary fails to provide accountings?

If an executor or administrator fails to provide accountings, estate beneficiaries are entitled to use the courts to compel the executor or administrator to provide them.

What are the rights of a beneficiary?

The most important rights of estate beneficiaries include: 1 The right to receive the assets that were left to them in a timely manner 2 The right to receive information about estate administration (e.g., estate accountings) 3 The right to request to suspend or remove an executor or administrator 4 The right for an executor or administrator to act in their best interests

What happens if you are named as a beneficiary of an estate?

As an estate beneficiary, you have certain rights. If you take the time to understand them, you will be better equipped to recognize violations of your beneficiary rights, as well as recognize when there is a need to retain the help of a lawyer to sue the executor of the estate.

What happens to assets when a person dies without a will?

When a decedent dies without a will (i.e., they die intestate ), their assets will pass to their heirs via a process known as intestate succession . Heirs are close family members of the decedent (e.g., spouses and children) who stand to inherit the decedent’s assets.

Can you pass a life insurance policy to a beneficiary?

Certain assets, such as life insurance policies and bank and retirement accounts, can pass to designated beneficiaries, if any were named, outside the formal probate process. The benefit of payable-on-death assets is that they are immediately accessible; the downside is that they are not subject to court supervision. Disputes can occur when one of these payable-on-death assets is also included in a decedent’s will or trust, or when the designated beneficiary is contested.

What happens to a decedent's estate when he dies?

When a decedent passes away, the decedent’s “estate” comprises all of the assets the decedent included in their will and any other assets the decedent owned, excluding property in the decedent’s trust or assets that have designated payable-on-death beneficiaries.

What to do after filing a lawsuit?

After you've filed your lawsuit, you have to notify the other side about it using a legal process server before the court will hear the case. You may use the U.S. marshal to serve your federal lawsuit, or you can use a private process serving company. You also may be able to use certified mail.

What happens if you don't show up for court?

Many jurisdictions simply assign you a trial date when you file a small claim, so if you don't show up on that date, you lose your case. Some jurisdictions add a "first appearance" date that you don't need to show up for, only the person you're suing does.

How much does it cost to file a lawsuit in federal court?

You'll have to scan in your signed documents and send them to the email address provided in your pro se manual. You'll have to pay a filing fee of $400 to initiate your lawsuit in federal court.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

What are some examples of family courts?

For example, probate courts deal with wills, trusts, and estate matters. Family courts deal with family law issues such as divorce and child custody.

Do you have to file a complaint before going to court?

Exhaust all other remedies before going to court. In many federal cases, you are required to file a complaint or charge with a federal agency before filing suit in federal court.

Can you ask for more than the maximum amount of a small claim?

Make sure your claim falls within the court's limits. Small claims courts are courts of limited jurisdiction, so you cannot ask for more than the maximum amount the court has the power to order.

What happens to siblings after a parent dies?

Sibling disputes often erupt after a parent dies, and it’s time to divide up the assets of an estate. Sibling disputes can result in lengthy and expensive legal actions. However, a little forethought from parents can avoid such disputes, or they can be addressed by siblings who employ savvy strategies after a parent dies.

How much can you give away in 2021?

In 2020 and 2021, the annual exclusion is $15,000, . This means that tax filers can give away up to $15,000 per person without paying tax on those gifts. 2  Items of greater value require that a gift tax return be filed and may entail gift taxes.

How do siblings pick items?

Using this strategy, each sibling picks a desired item. For example, three sisters, Amy, Beth, and Carol, each have strong ideas about which items they want. To prevent any fights among the sisters, let Amy (the oldest) pick one item, then Beth (the middle child) can make a selection, followed by Carol (the youngest). Continue selections in this order until all of the desired items have been claimed.

What is a tag on a lithograph?

The tag should name the sibling who will inherit the item after the parent dies. While the tag does not create a legal requirement that the sibling receives the item, it is indicative of the parent’s intent and may go a long way in avoiding sibling spats.

What is a letter of instruction?

A letter of instruction can be written by the parent outlining who gets what. Again, the letter is not legally binding but serves as a roadmap to the parent’s wishes regarding their property. 3 

Can siblings be appointed as executors?

Siblings can decline an appointment as executor or trustee so that someone else can be the fiduciary and make decisions on asset distributions. If siblings are named as fiduciaries, they need to formally decline the appointment. This step should only be taken if the siblings agree on the appointment of the person who will act as fiduciary—whether this is another person in the family, an attorney, CPA, or a bank’s trust department—and if the estate can afford the payment for this service.

Can you disinherit a child?

There is no rule on disinheriting a child. 1  However, to avoid legal challenges by a disinherited sibling, a parent should consider discussing the matter with the child or explaining the reason in the will. Another good practice is to use a trust to specify property dispositions after death.

What happens if you win a case?

If you win your case, the executor may be ordered to personally reimburse you for losses you and other beneficiaries sustained because of her actions. If the estate is still open, the executor will most likely be removed from office and someone else will be appointed to serve .

What is the duty of executor of a will?

The executor of a will has a fiduciary duty to the estate and its beneficiaries – an obligation to always act in their best interests and not her own. This prohibits her from taking certain actions:

My sibling is stealing from the estate or family trust, can I get my share of the assets back?

The short answer is “yes, you can expect to get your assets back.” At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days.

What do I do when my sibling steals my inheritance?

It’s natural to get angry, frustrated, and sad when a brother or sister breaches your trust.

What is the penalty for my sibling stealing from the estate? Will they go to jail?

Generally, the theft of estate assets by a sibling is treated as a civil matter. That means: No jail time is involved. As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate.

How should you feel when a sibling steals your inheritance?

It’s natural to feel angry, disappointed, scared, and hurt. Any number of feelings. Just remember, regardless of what your brother or sister did, you have the ability to control the response.

How can I get over my sibling stealing my inheritance?

It takes time to get past the emotions of a sibling stealing your inheritance. At RMO, we often counsel clients on more than just the facts of their case.

When do I need a trust litigation attorney?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.

Do I need a trust litigation attorney near me?

We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a trust litigation attorney in Los Angeles.

What is partition in court?

A partition is a court procedure for a forced sale of the property at a court auction and the proceeds will be divided equally among the four of you. All of you can bid on the property and the highest bidder gets the property whether it is one of you or an outsider.

What is a sale in lieu of partition?

Generally, a sale of property requires the consent of all owners, but sometimes a sale in lieu of partition can be used to force the sale of property over the objections of owners who don't want to sell. Report Abuse. Report Abuse. Please explain why you are flagging this content: