does financial abuse have to be filed in Probate court in California
Optional Information: State/Country relating to question: California Already Tried: Probate Petition Sec 850 and Probate for Special Administrator. The limited amount of time for Special Administration has passed and was dismissed. The civil action has been demurred because it is said it has to be brought in Probate court
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.I am assuming that the person who was abused has passed. As such, the probate court would have exclusive jurisdiction and any lawsuit would have to be filed in that court. Normally the executor would be the one to file suit. However, if the party guilty of the financial abused is also the executor, then any lawsuit would have to be brought by a Heir that would be entitled to a portion of the estate pursuant to the law of intestacy.
Experience: Attorney with experience in wills, estates and trusts
What code is this under?
Here is the codehttp://law.justia.com/codes/california/2010/prob/7050-7052.html