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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36947
Experience:  30 years as a family law lawyer .
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I had a conservertorship sister who passed away 6 months

Customer Question

i had a conservertorship for my sister who passed away 6 months ago. i was told it takes 6-8 weeks for the courts to file and record an ending of a conservertorship. my lawyer does not keep me informed and it has been 15 weeks. i want to know when the conservertorship is ended how do i go about getting my nephew who wants me to keep my sister's house since i have been living in it and taking care of my sister when she was sick for 3 years. i know there is a form my nephew has to sign. do i get it from the court and do my nephew and i have to appear in court. you see i am most unhappy with my lawyer and it is frustrating not to be kept informed. so i might as well do it myself because frankly i want this lawyer out of my life.
Submitted: 11 months ago.
Category: Family Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you.

You could file your own petition here to terminate guardianship and terminate your lawyer.

Here are the forms to do so.You file the petition and it is set for hearing judge sings the order.

Petition

http://www.courts.ca.gov/documents/gc255.p

Order

http://www.courts.ca.gov/documents/gc260.pdf

You are going to h ave to open probate here for the sister.The nephew can decline his inheritance here and give it to you if you are the sole heir.

The DE-111 is used to make application for probate.You would be appointed executor and then have authority to deed it to yourself if you are sole heir.

http://www.courts.ca.gov/documents/de111.pdf

Self help

http://www.alameda.courts.ca.gov/Pages.aspx/Preparing-the-Petition

Expert:  RayAnswers replied 11 months ago.

Form for nephew to sign it over to you.

STATE OF _____________________)

___________ JUDICIAL DISTRICT : ss.

or COUNTY OF _________________)

AFFIDAVIT OF DISCLAIMER OF INTEREST BY HEIR

I, ________________________________, swear upon my oath or affirm under

(print full legal name)

penalty of perjury, that to the best of my knowledge, information and belief:

1. _________________________ (“Decedent”) died on ___________________,

as shown by the attached certified copy of the Decedent’s Death Certificate.

2. I am the legal heir and/or have been named as beneficiary of the estate of the decedent.

3. I am the ______ (relationship to Decedent)

and may have a present or prospective interest in estate of the decedent.

4. I hereby disclaim any and all interest in the estate of the decedent

I agree to defend, indemnify and hold all other heirs and/or beneficiaries harmless from any claims, demands, fees or expenses that result in any way from their reliance upon this Affidavit.

DATED at _________________________, on this ____ day of ___________, 20___.

(city, state)

AFFIANT:

Signature:______________________________________________

(sign full legal name in presence of notary public)

Name (please print):_______________________________

Address:_______________________________________

_______________________________________

Telephone No.:_________________________________

SUBSCRIBED AND SWORN TO OR AFFIRMED UPON PENALTY OF PERJURY before me, this _____ day of _________________, 20___.

______________________________________

Notary Public in and for _____________

My Commission Expires:________________

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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