Legal Question in Wills and Trusts in California
I and my two brothers are beneficiaries to my great aunt's home(real property) and our father is to receive all personal property and monies in savings and bank deposits. She died 4/21/09 and my father wants me to relinquish my rights to the house, and said that my two brothers already have. We have not spoken for years, and do not get along, and I feel they are trying to remove me from the equation. Their attorney states that the house was sold and closed escrow on 5/1/09, after the date of death, but since it was already in the process and my aunt supposedly wanted to sell her house, that it becomes personal property and not real property. If this is the case why do they want me to sign and can they get away with removing me as beneficiary? It is so obvious that the house would have been sold anyways, and the monies be divided among the three of us, we could not all three live in one house with our individual families. Please let me know, they are closing the estate 3/2/2010, which I don't know how they can without me signing and agreeing to waive my rights. In the petition it states that I do, but I never have. It states "the consents of my two brothers names, and my name to this characterization will be filed with this court." I don't know where they will come up with mine????
3 Answers from Attorneys
You have to file something the court before the hearing date if you do not agree with your father's attorney's interpretation of how the estate should be distributed.
If you don't agree with what your father is asking, to give up your interest in your great aunt's estate, you need to file an objection with the Court prior to the hearing on March 2d, and then show up at the hearing, either in person or through an attorney, and press your objections.
Jon Reich
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.
This office can prepare an objection for your use at the hearing. Contact me directly.
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