Legal Question in Wills and Trusts in California
Estate Executors
Uncle A died many years ago. His brother, Uncle B, was appointed executor of his estate. Uncle A's children just found out there is money in an account from his estate that, according to Uncle B, belongs to them. Uncle B swears he will never let them have it as long as he's alive. Do the children have any recourse to getting the money?
2 Answers from Attorneys
Re: Estate Executors
Based upon the information you provided, it sounds like Uncle B has started a probate and is the executor. If so, then Uncle A's children should compel an inventory and appraisal, which should list this account as an asset of the estate. If this account was held in joint tenancy with Uncle B, then this account is not part of the estate unless you can prove that this joint tenancy setup was improper.
I strongly suggest that you obtain counsel who is located near you or in the county in which the probate is occurring.
If I can be of assistance, please feel free to contact me.
Sincerely,
Kai H. Wessels, Esq.
(tel. 877-Wessels)
The above is provide for informational purposes only and is not intended to be relied upon as legal advice.
Re: Estate Executors
Sure. They should appear in the probate case and apply for an order to release the funds to which they are entitled.
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