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I'm looking for a case number for a probate in Stanislaus…

Customer Question
I'm looking for a...

I'm looking for a case number ***** a probate in Stanislaus Co. with hi daughter. Nancy Montano a.k.a. Happy Nancy Montano-Jonoubeh. The county clerk is unable to locate it. We are in Oakland.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

She was informed that by missing some hearing
..no inheritence (3.5M range)...sibs dirty tricking her she asserts. Lots of chaff online.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My name?

Submitted: 4 months ago.Category: Legal
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Answered in 1 hour by:
11/23/2017
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,569
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

I'm sorry to hear of your family's loss.

If a case is probated that means the person died with a will or without a will (intestate).

There are a few cases where no probate is required;

1. trust-the person has a trust; nothing is filed with the court. the trustee disburses the property per the terms of the trust. all heirs are to be notified of the process. If there is a dispute a party can file a trust litigation case in probate court.

2. small estate -if the person has less than $150,000 a small estate affidavit is used in lieu of probate -

https://saclaw.org/wp-content/uploads/2015/01/form-affidavit-for-collection-of-personal-property.pdf

3. the person holds property naming a beneficiary so it passes by operation of law- ie. a bank account with a pay on death account, a life insurance policy with a beneficiary named

An attorney can be hired to check public records to see how property was held and if the inheritance was properly distributed.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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