Legal Question in Wills and Trusts in California
death and confusion
nearly a yr ago my grandmother died-my mom and I the ionly family left-she had 2 other daughters but they disowned the family yrs ago.I don't know where they are or if they know. My mom doens't want to deal with anything, so that leaves it to me.I have no idea what to do. It's barely hitting me she is gone and I need to deal with this. I have never let anyone know-bank, social security etc. Will that have been done when her death certificate was made? her house still sits vacant what should I do?
3 Answers from Attorneys
Re: death and confusion
The estate must be probated. You have taken the role of executor so it is up to you to obtain representation and preserve assets until distribution of the assets is completed. Attorney fees are strictly regulated by law. Please call me directly at (619) 222-3504.
Re: death and confusion
Inheritance is determined by your grandmother's will or trust, if she had one. If not, the property goes to (assuming she had no spouse) her surviving children equally. Her two other daughters are not "disowned" legally unless her will/trust omits them or if they were adopted by others, among other ways.
Re: death and confusion
First question is "Did your grandmother have a will or trust?" Next question is, "what did your grandmother own?" You mentioned a house. Was the title solely in grandma's name? The bad news is that if grandma didn't have some type of will or trust or if she didn't have your mother's name on the house or other assets, the long forgotten and disowned sisters are each entitled to split the estate with your mother (each gets 1/3).
Assuming no will and moms name not being on title to the house or other assets, you or your mother should have an attorney file a petition for probate at the County Courthouse. You will have to go through the probate process which will require sending notices to each of the sisters. From an economic standpoint, a vacant house doesn't do anyone any good. Moreover the fire insurance may not cover if the house is vacant. I suggest you get started right away.