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If an estate is to be divided in half according to a probated will, can one side decide otherwise?

This legal question related to probate law attorneys in California & Half Moon BayCalifornia has been answered.

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Location: California, Half Moon Bay  |  Law type: probate law attorneys
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James A. Anderson, my brother, left half of his house [523 San Benito, Half Moon Bay, CA] to me and the other half to his step-daughter, Ivette Johnson. Ivette Johnson was to use her half to care for Jim's wife, Carmen. The will was contested by Edween DeJesus, Ivette's Brother. According to Ivette the mediation stated that his children are to get anything above the $1.2 mil that Ivette wanted to sell the house for. Ivette now only wants me to have $100,000 and she is to get the rest. My brother passed in May 2021.

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Legal Solution

The response provided below is specific to probate law attorneys in the jurisdiction of California, Half Moon Bay. If the response is inadequate, please submit a detailed inquiry.

Analysis of Estate Distribution and Contesting Rights in Half Moon Bay

The case of the estate distribution concerning the property located at 523 San Benito, Half Moon Bay, CA, highlights complex dynamics of wills, inheritance rights, and mediation results. With James A. Anderson's passing in May 2021, the division of his estate, contested by Edween DeJesus and mediated towards a specific amount for Ivette Johnson, raises questions about the legality of diverting from probated wills.

Relevant California Probate Law Provisions

  • California Probate Code Section 8250-8254: Relates to the contesting of wills.
  • California Probate Code Section 850-859: Concerns actions and petitions related to the determination of property claims.
  • California Probate Code Section 1000-1003: Addresses the agreement and compromises in probate cases.
  • California Courts Homepage: An authoritative source for accessing detailed information about probate and related laws in California.

Potential Solutions to Address the Issue

If the distribution of the estate does not align with the probated will, several steps can be taken:

  1. Review of Mediation Agreement: Ensure that the agreement reached during mediation is binding and adheres to the stipulated terms.
  2. Engage Legal Representation: Considering the complex nature of the dispute, it's crucial to find the right lawyer specializing in probate disputes in California.
  3. Re-apply for Probate: If the mediation results are in contention, reapplying for probate might be necessary to ascertain the rightful distribution of assets according to the deceased's will.

Probate Legal Fees in Half Moon Bay

The following table provides an estimate of the average legal fees for various probate-related services in Half Moon Bay:

Service Estimated Price
Initial Consultation $250
Filing a Will Contest $3,500
Mediation and Settlement Discussions $2,000
Full Probate Litigation $10,000
Estate Asset Valuation $1,200

Note: Prices can vary based on the lawyer's experience, case complexity, and additional out-of-pocket expenses. It's essential to obtain quotations from multiple sources to gauge the market rate accurately.

Clarification and Action Required

The presented situation requires an in-depth understanding of the mediation's exact terms and the probated will's contents. It would be beneficial to consult with a probate attorney to understand your rights better and the best way forward.

Looking for expert advice? Compare lawyers in your area to find the best fit for your situation.

Relevant Questions for Further Understanding

  1. Original Will Contents: What specific terms and conditions did James A. Anderson's original will contain?
  2. Mediation Details: Can you provide the exact details or documentation of the mediation agreement?
  3. Intent of Estate Distribution: Was there a clear intent mentioned in the will about using Ivette Johnson's share for the care of Jim's wife, Carmen?

Q&A on Probate Issues in Half Moon Bay

Q1: Can a probated will be contested after mediation?

Yes, a probated will can still be contested after mediation, but the circumstances and grounds for such a contest will vary based on the mediation's outcome and other factors.

Q2: How long does a typical probate case last in California?

Probate cases can vary in duration, but typically, they last between 9 to 18 months. Complex estates or disputes can extend this period.

Q3: Can mediation agreements override the terms of a probated will?

Mediation agreements can provide an alternate resolution, but they cannot completely override a probated will unless all parties agree and the court approves the new terms.

Q4: What are the legal repercussions of not adhering to a mediation agreement?

If one party fails to adhere to the mediation agreement, they can be taken to court for breach of contract. The court may enforce the agreement or award damages.

Q5: How are probate attorney fees determined in California?

In California, probate attorney fees can be determined in several ways: statutory fees (percentage of the estate value), hourly rates, or a flat fee. The method used often depends on the estate's complexity and the services required.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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