Idaho probate. personal representative of her husbands probate is now requesting from judicial court an order requiring me to turn over estate assets. I have sent an affidavit in response to her previous petition, one month ago.. 2 yrs ago, probate asked me to send billing of storage. I did, and in affidavit I am still in possession and have had a storage bill against them according to Calif. law and CLAIMED, BY ME. I have 1 travel trailer, 1 storage container,1 flatbed trailer. the probate owes me money. I live in Calif. This lady seems to be very serendipity when it comes to her way. A little bit of my complaint. But please answer above. Will I have to turn over these assests without getting paid. the way my life is, others seem to get paid before I do. I am so depressed, My brother lived in Calif. all his life. he and his new wife, bought home in Idaho, he stayed maybe 3 mo. and became ill, he moved back t Ca. when she kicked him out. I took care of him 3 yrs. before his demise, at 54 yrs. he lived in travel trailer, behind my home. Bad heart, one lung. etc. Probate should have been here, besides no need for any probate. He had nothing.
State/Country relating to question: California
2 years ago I asked on website about storage or calfornia law on lein sales of property, I did all of that. I never completed to dmv to put trailer in my name.
You had the option of filing the probate action in California. The Idaho court has no jurisdiction over property located in California. She would have to come to California and file in California. However, if you communicated with the court, you may have unintentially agreed for that court to have jurisdiction over you. Even in that event, any judgment would have to be filed in California. If there is no value, tell her to come and get it.
I want to read it and these popups are coming first. laughing!
We don't see any of your side of the site.
Her probate attorney asked me and I sent certified of billing and after sent notice of sale. Certified and she knew of the sale, she signed for and now is stating she wants to know where they are. Since I still have the items, because no one came to buy. I want to keep, but if she does get "Motion for order requiring me to turn over assests"
If Idaho has no juristriction over Calif. then she should not be granted from "The Seventh Judicial District state of Idaho, Magistrate Division. What's up with her.
and they do grant her and request I turn over. she will be down to Ca. and I will be in jail for I am very stubborn. What should I do.besides give them to her.
The Idaho court has no authority over property in California. They would have to obtain a judgment from a California court. That can be done but you could then present your claim against the property.
Attorney with experience in wills, estates and trusts
Hi, The personal representative, did get her way from Idaho, the Magistrate division in Fremont county. I am ordered to turn over estate assets to her. I live in calif. and I went to local sheriff and they called their probate advisor and told me they would put me in jail if I didn't turn the items to her. That they do respect and follow other states probate court as Calif would expect other states to honor theirs. What the Sh...t. I don't get paid when my billing is in the courts of Idaho and these items were almost sold if anyone would have showed for sale per publication and notice to reclaim abandoned property. Personal representative would have sued me in Idaho for any monies I would have made on storage. I would have put the xtra monies in state fund for her. but nothing sold
Are you familiar with Idaho probate law.?
Or Sheriff's law in So.Calif.? I live in Inland empire area
That they do respect and follow other states probate court as Calif would expect other states to honor theirs.While that is true, the judgment has to be first filed in the CA court. You can file in the California court against the property and place a lien on it for storage.
some were telling me the personal rep. of probate would have to get a court order, but is it that I am to get the judgement? aganst probate or personal representative.? can you tell me what to file, is it in small claims court, that I go or DMV for travel trailer. to place lein. Or Both?
Assuming that the value is less than 7500, you can file in small claims court. You would be the plaintiff and the defendant would be "name of PR" as personal representative of the estate of "name of deceased".
In small claims it seems to be money judgment value. I have the assets. and if I win the money judgement. and she doesn't pay, it seems she still has the option to pick up assets from me per Idaho courts, for i'm sure she has no money, and I will not ever get paid.
do you know how the money judgement works, does the judge give me judgement for or against the assets until she does pay?
With a money judgment you then get a writ of execution that the Sheriff uses to attach the actual assets.
Hi, I'm here again. please have patience with me one more time.
I have filed with small claims court, documents, court date is Sept. 28
But the judge in Idaho has granted her the motion Aug 2, so if I don't go to Idaho to appeal she will be down with order 30 day from the granting of Idaho Judge, Sept. 2 thereafter.
she first asked judge for motion July 27, I know life is not fair, but why wasn't I notified sooner before Motion granted so I would not have to appeal now.?
Is there some sort of stay I can get until this civil matter is heard in court?
I called Sheriffs again and they said they follow Judges orders and if there is one, it won't matter if I have a court date.
I have filled with small claims court, documents, court date is Sept. 28
I called Sheriffs again and they said they will follow Judges orders from Idaho. They don't care about a court date. it won't matter if I have a court date.
You can file a request for a temporary restraining order since there is a court case filed. I am not sure if the small claims court can hear that or not. Usually you can get that heard in a couple of days.
A temporary restraining order for her to stay away from trailers until court hearing.
That is correct.
OK, here I am, Calif. I went to sm.claims court this AM. The Judge, commissioner dismissed the case so I could not get a money judgement to take to sheriff for a lein to hold assets until I am paid. He states he can not order a judgement against a person in Idaho. that He has no Juristriction. I billed Idaho Probate. The personal Rep of probate is same person I am sueing for my storage, and so I was told the personal Representative is the only person who gets the bills and evidently she does not tell Idaho court and Manstrate Judge, she has the billing. So she wants the assests turned over for nothing. and Why is it that the sheriff here in so. Ca. upholds a judge's order from Idaho. and/or why a Manstrate Judge from Idaho can order me in Ca. to turn over assets and not have the same juristriction as our Calif. judge..
I strongly disagree with the judge. The assets are in CA so he does have jurisdiction over the assets and that is what you issue the lien against. California has long arm jurisdiction since the assets are in California, that is black letter law. That is the problem with some small claims judges, they really don't understand jurisdiction. He has more of a right to issue an order than the court in Idaho. However, he is the judge. You can file an appeal to a higher court.
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