Legal Question in Wills and Trusts in California

Clarification re: Wayne Wisong

My apologies to Mr. Wayne Wisong and by this post wish to make a retraction and a clarification. I apparently made a statement that some may have somehow interpreted to mean that I was commenting on whether Mr. Wisong is a member of the California Bar or not. I have been advised by Mr. Wisong that he has been a member of the California Bar for 24 years. I was trying to be professional in stating my belief that Mr. Wisong had made a mis-statement of California law by commenting that he must not be a California attorney; rather than attack him for not knowing law that I believe, in my opinion, to be very fundamental and basic. Nonetheless, I apologize to Mr. Wisong for my apparent mistatement regarding his bar status and do hereby retract such statement.

Re: after a death

It will be very tough if you can't find a will. If your uncle is her sole surviving child and she is unmarried, he will inherit all without a will naming others. In this case, I think you simply have to find a will. Unfortunately, your grandmother should have provided you with a copy to assure you could prove it after her death. Maybe others in here will have some better idea, but, it sounds to me that without a will, or some collateral way of proving he is hiding or has destroyed a will, you could be unable to prove a probate claim.

Re: after a death

I would call the Probate Court in the county where your grandmother died as that should show who the attorney is. I would then contact them to get a copy of the will. If no probate filed, I would check the County Recorder and get a copy of the deed to grandmother's house to see if it is in a trust. If not, I would hire an attorney and file the probate for you to be Administrator of the estate with the assumption there is no will. Good luck!

P.S.

I just read the other attorneys reply. It appears he is not a California attorney as I do not believe his reply his correct. You and your siblings would inherit your mom's portion of the estate if there is no will... unless my memory of the law is way off base. I suggest you consult an attorney. I would love to assist you.

Re: after a death

If there is a will, the executor (or someone holding the will) is required to lodge (file) it with the Superior Court in the County in which the deceased died within 30 days of death. Then, the executor is required to petition the court to probate the estate.

If there is no will, then any interested party(which you would be considered one) can petition the court to administer the estate. The court then decides on an administrator.

Once there is an executor or administrator named, the estate must pay all of the decedents bills, and the remainder distributed to the surviving heirs. If there is no will, the estate is distributed by statutory, intestate distribution.

If you need more information, call my office.

Re: after a death

I am sorry. I don't want you to be confused about your situation and I realize I made an error in my initial response. If your grandmother's child was your parent and is dead, you would have a right to inherit through the deceased parent as if she were alive and there is a will. California now recognizes a right of representation in intestacy. So, you and any siblings you have could inherit the share your parent could have had if he/she were still alive and there is no will.

Mr. Palley was correct on this point. I apologize if my error caused you any confusion. But, I don't want you to be confused on account of my error. You probably should consider filing to be admministrator. That is probably very good advice.