probate/wills in California

[paulclmnt1]

Jurisdiction

California

California Probate Law...A friend of mine's wife passed away last December 2018, He and his wife lived at his wives mothers house for some 18 years and he paid all the households bills, utilities, food, performed all the repairs over the years etc. His wife had her mother sign over the deed to the house a few years ago and it has been recorded. Then first his wife passes away, then the wives mother dies a few days later leaving him and I guess the wives 2 children the house. Here's the tricky part... his wife and her mother were both named "Charlotte Mary" and "Mary Charlotte", I guess they both used the same assumed names over the years. The other siblings have made attempts to take control of the property but have not brought any legal action as of yet...it's now 6 months after his wife passed and he hasn't even filed a probate petition yet with the court. I believe that Cali law says that he must file a petition but he's waiting to see why the other siblings haven't filed suit yet. What advice should I give him on what actions he needs to take...and why haven't they other parties filed suit yet? Also, there were no wills left behind by either the wife or the mother in law.

 

[Zigner]

As advised elsewhere, you really ought not be giving any advice, lest you be breaking the law (unlawful practice of law), not to mention causing your friend legal problems if you give incorrect advice. If your friend doesn't know what to do then he should consult with an attorney.

 

[army judge]

What advice should I give him on what actions he needs to take...and why haven't they other parties filed suit yet?

If your friend was suffering from a traumatic brain injury and fractured skull, would you treat his wounds?

 

[zddoodah]

His wife had her mother sign over the deed to the house a few years ago and it has been recorded.

"Sign over the deed" to whom?

I believe that Cali law says that he must file a petition

Why do you believe this?

but he's waiting to see why the other siblings haven't filed suit yet.

That doesn't make much sense. What would they sue for?

What advice should I give him on what actions he needs to take.

The only advice anyone on an internet message board should be giving -- and the only advice your friend should be taking from anonymous strangers on the internet -- is to hire -- or at least consult with -- a local probate attorney.

why haven't they other parties filed suit yet?

We have no conceivable was of doing anything but guessing. My guess is that your post describes no possible basis for your friend's wife's siblings to sue anyone for anything.