Legal Question in Wills and Trusts in California

Are you asking about you or for another person? You seem to mention both in your question.

Regardless, "Aunty's" brothers should not be taking anything until someone determines if there is a will or a trust.

If she had a spouse, this person should receive all of her possessions as well as her estate. If not, then it would next pass to her children. If she had none, then her parents, then her siblings and so on. This is based on the Probate Code's Intestate Succession.

Additionally, if the value of her estate is over $100,000, then a Probate will be required if there is no trust (even if there is a will). You can also start a Probate to stop the problems that you describe, but since it may not be cost or time effective, I recommend consulting with a local attorney prior to commencing any actions.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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