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

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.

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Answered in 2 minutes by:
2/6/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,163
Experience: 30 years in civil, probate, real estate, elder law
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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.

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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.

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Customer reply replied 3 months ago
what happened to simple probate or is that only ok for assets not disputed ?

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.

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Customer reply replied 3 months 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

Sounds like a plan here, thanks for rating.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,163
Experience: 30 years in civil, probate, real estate, elder law
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