Legal Question in Wills and Trusts in California

Re: Aunt does not want my mom to have any money from the will

r aunt has no, i daid no choice in the matter. she has a fiduciary duty to all beneficiaries in the will. an accounting is absolultly necessary and if this a will not a trust the probate court is involved. your mother has a right to copies of all testementry documents and what you need to do is get a good attorney who is expert in probate/estate planning / litigation to help you sort this out and protect your mothers interest -- another family fued --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Aunt does not want my mom to have any money from the will

The matter must be in probate, or the house could not sell. You may need to petition the probate court. Would need to see the will, etc. to make a recommendation.

Re: Aunt does not want my mom to have any money from the will

Your aunt does not have a choice about distributing the money from your grandmother's house - it must be distributed according to the law, and according to the terms of her will.

Your mother has a right to an accounting from your grandmother's estate to see what your grandmother owned, what has happened to it since then, and where the money and other property has gone.

If your aunt refuses to follow the law and act fairly towards all of your grandmother's beneficiaries and creditors, a beneficiary or creditor can ask the court to appoint them as executor instead of your aunt.

I am in San Jose and would be happy to take a look at the documents and talk to you about what your options are at this point.