Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Moved My father out of his rental Dec 1st, He passed Jan…

Customer Question
Hi Moved My father...

Hi Moved My father out of his rental Dec 1st, He passed Jan 1st. Property mgt. returned $400.00 of $3500.00 deposit. I dispute the deductions 11 year rental Paint and carpet $1200.00. They will no longer deal with Me 'EXECUTOR ONLY". Simple probate will deliver Affidavit to collect personal property to them Monday 40 days after. Will they be required to deal with Me then ???

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?

No trying to negotiate stay out of court. Assets small simple probate is ok.

Submitted: 17 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
2/6/2018
Lawyer: Ray, Lawyer replied 17 days ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,263
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 17 days ago

No you would need to open regular probate.Honestly I am not sure this is worth it to open but you can do it pro se, but there are filing fees.Anytime there is a claim due the estate or you need to sue them in small claims you need to be appointed by the estate as personal representative in Superior Court here in California.

Forms and self help for regular probate

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

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

ActionFee

Filing Fee (each plaintiff): Complaint, Third Party Complaint, Petition or Other Action, Motion to Intervene as Plaintiff (plus $20.00 security fee for each civil case (G.L.c. 262, § 4A) and a $15.00 surcharge (G.L.c. 262, § 4C))$240.00

You have to decide if it is worth it here .The fees will eat up any recovery if you get one.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Legal Question
Customer reply replied 17 days ago
what happened to simple probate or is that only ok for assets not disputed ?
Lawyer: Ray, Lawyer replied 17 days ago

That would work but it won't allow to pursue a claim by the estate or sue on behalf of the estate.If it was a bank account, car or something similar it would work.

Ask Your Own Legal Question
Customer reply replied 17 days ago
well then based on your advice I will keep trying to bluff the property mgt. company. if I get stuck will probably drop the claim for rental deposit. thanks
Lawyer: Ray, Lawyer replied 16 days ago

Sounds like a plan here, thanks for rating.

Ask Your Own Legal Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,263
45,263 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In the Special Civil Part (Small Claims) of the Superior
In the Special Civil Part (Small Claims) of the Superior Court of New Jersey, what motions can I make after a default judgment has been entered against me besides a motion to vacate the default judgme… read more
Michael Bradley
Michael Bradley
JD
1,215 satisfied customers
Would like to file a small claims against an insurance
Would like to file a small claims against an insurance company that is a direct writer, so with no statutory agent not sure how to proceed. … read more
Andrew
Andrew
Attorney
Juris Doctorate
223 satisfied customers
WHAT IS THE TIME LIMITATION TO FILE IN SMALL CLAIMS COURT IN
WHAT IS THE TIME LIMITATION TO FILE IN SMALL CLAIMS COURT IN CT … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,483 satisfied customers
As a defendant in small claims court in Lyndhurst, Ohio can
As a defendant in small claims court in Lyndhurst, Ohio can I transfer the case to the Civil Division after the initial hearing, but before a decision has been rendered? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Trying to collect on a small claims judgement not sure what
Trying to collect on a small claims judgement not sure what my next step is have contacted the person several times. He has made two payments and stopped. Now when I contacted him he threatens me with… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,814 satisfied customers
I recorded the judgment that I received in small claims
I recorded the judgment that I received in small claims court. How do I go about requesting the hearing? Or am I just out of luck. The defendant has not responded at all.… read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
I'm not sure if this is civil or small claims. I loaned a
I'm not sure if this is civil or small claims. I loaned a friend $8,000 about 6 yrs ago. Since then he has paid me back only $1,120. I know statute of limilitations in small claims in AZ is 2 yrs but … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Looking to file in small claims court against a moving
Looking to file in small claims court against a moving company that overcharged me from their binding moving estimate of $700, to over $14,000 for an 8.4 mile move.. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
File small claims against a person that would not return a
file small claims against a person that would not return a loaned object, as agreed … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
I have a small claims file in mighigan that someone is
i have a small claims file in mighigan that someone is sueing me for 850 dollars over doing a plowmount on his truck he says I destroyed his mount and caused his radiator to leak I have witnesses sayi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
I WAS THE PLAINTIFF IN A SMALL CLAIMS ACTION.I agreed to
I WAS THE PLAINTIFF IN A SMALL CLAIMS ACTION.I agreed to have a arbitrator hear my case because it was faster . I was told the arbitrator was the same as a judge with the same authority. … read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
I was awarded final compensation in small claims the
I was awarded final compensation in small claims the defendant agreed in court to pay monthly. We had a review date in November to see it he was complying with the court order He did not show, and I r… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I WAS THE PLAINTIFF IN A SMALL CLAIMS ACTION.I agreed to
I WAS THE PLAINTIFF IN A SMALL CLAIMS ACTION.I agreed to have a arbitrator hear my case because it was faster . I was told the arbitrator was the same as a judge with the same authority. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it better to file civil or small claims court if you are
Is it better to file civil or small claims court if you are partner with someone for a house and that person hasn't pay any money for upkeep in 7 years except one year of paying taxes and then skipped… read more
Lori
Lori
Juris Doctor
634 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
634 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x