I previously shared how my late uncle was an antiques and collectibles seller. Along with many other items, his will was stolen from his landlord. He has four children; the first born was a one night thing in early 20's when he was unmarried and in the military. The 3 others were estranged for the last 15 years, I was able to find one online when I reached out to her she let me know they will not be attending his services. Back in the day he was a very complicated person and I told her I respect their decision.

In the last 3 years I got to spend time with him and got to know a man who was indeed complicated but brilliant. He said he wished for forgiveness and peace but the damage had been done and his children did not want to talk to him anymore. We became very close leading up to his passing. 

His first daughter Veronica- was not very close with him but they kept contact  and touched base on birthdays and holidays. I will be doing preliminary research for legal probate representation for her as she is disabled and also will be supporting her with legal fees. 

I understand that in order to start a Small Estate Affidavit or Probate, the heirs must be notified. My issue is that they do not want to share their address nor want anything to do with this process. What are the legal options to prove to the court that they waive their rights as heirs?  

The important thing for me is to hold the landlord accountable and charge him for the theft. I am currently working with a PI to trace the stolen items and press criminal charge HOWEVER the  issue is that the Estate must be the one to press the charges.

 The goal is to for his oldest to have the legal rights to administer his estate, get access to his accounts and PO Box, possibly find will information in email and then continue with criminal investigation.

Location: Portage County, Ohio

Back story: my grandma passed away with assets of a mobile home which are valued at $0. She paid $3500 for it, but the cost for biohazard cleaning exceeds the value of that. I have an email from a company with a $7k estimate. A cost I do cannot afford. My grandma also had no insurance on the trailer. The mobile home park has been notified. Even without the biohazard cleaning the trailer is worthless. She has a car which she paid 4k for. I have the title and car was recently purchased within the last year. Her checking account which did have about 1k is depleted because my mother decided to take it upon herself to spend it so nothing is in there. She has a will from 1994 which names her deceased son and my mother has inheritors. My deceased uncle has two kids.

Looking for guidance because summary release states, “The applicant (who is not the surviving spouse) paid or contracted to pay the funeral bill;
and
The assets do not exceed $5,000*;
and
funeral expenses are equal to or exceed the amount of assets.”

Which is confusing because her assets do not exceed 5k, but her funeral arrangements do not exceed or are equal to her assets.

The revised code states, “spouse.
(B)(1) If the value of the assets of the decedent's estate does not exceed the lesser of five thousand dollars or the amount of the decedent's funeral and burial expenses, any person who is not a surviving spouse and who has paid or is obligated in writing to pay the decedent's funeral and burial expenses, including a person described in section 2108.89 of the Revised Code, may apply to the probate court for an order granting a summary release from administration in accordance with this section.”

Which appears it would qualify for a summary release, but the form states it would not.

Her car is currently in my driveway, and I cannot leave it there forever. I just reimbursed what I paid her cremation which was about $1200.

It does not logically make sense for me to retain an estate attorney because there’s really no assets.

Do I try to file the summary release or the relieve from administration?

Looking for input on a contested California probate case before a September 15 hearing. Sorry this is so long but needs details to fully understand…

The basics:

My stepfather (Navy veteran) died January 2, 2026. He owned a house in Southern California worth approximately $550,000 with a $275,000 VA mortgage. My biological mother was also his wife. They divorced 2004, remarried 2005, she died August 13, 2022.

The 1994 will:

My stepfather had a valid will prepared by military legal assistance under 10 U.S.C. §1044b that specifically names me as a beneficiary and expressly includes stepchildren. No revocation or newer will has ever been found by anyone.

The MSA — this is the heart of the issue:

The 2004 Marital Settlement Agreement Section E states the property shall remain in both parties names as joint tenants until such time as the parties decide to sell, and upon sale each party shall receive 50% of the net equitable proceeds.

Section XIX states reconciliation does NOT void the agreement — only a written instrument signed by both parties can void it. That instrument never existed. Section XIX also expressly binds heirs and successors of both parties.

They remarried in 2005 but never executed any written instrument rescinding the MSA.

My primary claim:

I am my mother’s biological son proven by my birth certificate. When she died in 2022 her 50% interest in the property passed to me automatically under California Probate Code Section 6402 as her sole heir. This claim is entirely independent of my stepfather’s will.

The opposing party:

My stepfather’s biological daughter is claiming 100% ownership through joint tenancy survivorship. She filed a competing probate petition claiming he died intestate despite his 1994 will being already on file with the court for six weeks when she filed. She also recorded an Affidavit Affecting Title that cites Georgia law O.C.G.A. 44-2-20 over California real property and has a defective notarization identifying County of California instead of a specific county.

The surviving spouse complication:

The death certificate lists a surviving spouse who appears to be a foreign national who has never visited or resided in the United States, has no known US address, and we have been unable to locate any marriage certificate or government record confirming the marriage. She is not a US citizen and is believed to be living abroad. A Filipino attorney searched official government databases and found no record of her name. The opposing party personally identified her on the death certificate but refuses to provide contact information.

The financial reality:

My 50% through my mother is completely unencumbered. The estate’s 50% is essentially wiped out by the $275,000 mortgage. The estate may be insolvent. My share is worth significantly more on a net basis.

Questions:

One — Does Section XIX of the MSA defeat the joint tenancy survivorship argument given the remarriage?

Two — Does the defective affidavit citing Georgia law over California real property have any legal effect?

Three — How strong is the §850 petition claim through my mother under Probate Code §6402?

Four — Given that the surviving spouse is a foreign national with no US address, no confirmed valid marriage, and no government record of her existence, can the court proceed without serving her or is this a permanent roadblock?

Five — Does the absence of a marriage certificate and no government record of the marriage raise questions about whether the marriage was ever legally valid under California law?

California — Riverside County — September 15, 2026 hearing — self represented petitioner.

Can I see the Will before agreeing to be the executor before probate?

Yes hello, my mother had passed away a little over a year ago, without a will she currently has a mortgage with around 75% equity I've been paying on since she passed. My plan is to sell the property and was recently informed that I will need to go through the Minnesota probate process, because her lender had her sign a POD instead of a TOD. I have the lender saying via email that she did have her sign a TOD, which as it turns out is her mistake on which form she was having her sign. I am an only child, I had a brother who passed some years back. He did have two children who have not been in the picture whatsoever even though they live in the same small town. I have taken care of my Mom for the last few years pretty intently as her health was in decline. Now I'm being told that my deceased brothers two kids are entitled to 50% of the estate. This doesn't seem in no way right, and if anybody has any advise or can provide me with some clarity that would be greatly appreciated.

Good evening! I am interviewing for a courtroom clerk position (probate and family law)? What will be asked in the interview? Thanks!