Legal Question in Wills and Trusts in California

estate and will

My grandfather died about 3 months ago and me and my brother were not invited to the funeral or reading of the will but his wife called my mom the other day and said she was allowed to give a ''gift'' of $5,000 to each of us if we signed a paper basicly stating we couldnt ask or get anything else from the estate or her ever again.. it was never stated in the document the amount of the check, just by excepting it we were agreeing to never be entitled to anything else. Needless to say we didnt sign, I want to know if I have a right to see the will if i'm named? Could she be offering me this amount to say a couple grand? Do I have a right to speak with her lawyer? Would this be considered contesting and could I loss everything by prying?


Asked on 3/03/08, 8:58 pm

3 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: estate and will

If you're named in the will or trust you have the right to review its contents. In fact, if it's a will, it should be lodged with the court. Go pull a copy.

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Answered on 3/04/08, 12:03 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: estate and will

I answered this in the earlier post.

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Answered on 3/04/08, 12:40 am
George Shers Law Offices of Georges H. Shers

Re: estate and will

Asking to see a copy of the Will is not contesting it. Only if you attempt to change what appears to be the intent of the Willis that contesting it.

Go down to the county court house where you uncle died [first try to look it up on the Court's web site] t see if there is any Will, go the Recorders Office to see what properties are listed under his name and what documents are listed for that property, also check with the assessor's Office as to who is the listed owner.

You have absolutely no right to speak to her own lawyer. You do have the right to speak to the court appointed personal representative/administrator about the terms of the Will.

Politely tell her the reason none of you signed is that the law is clear that is she refused to tell you how much you are entitled to under the Will and she offers you a lesser sum, the agreement is no good and she could have to pay damages to you. Also, her letter did not say how much she was offering you and thus it was legally not a valid offer. You certainly would consider signing the agreement if you could see the Will and make a copy of it.

If you do not understand the Will you can contact me at my Office; my rates are very inexpensive.

Good luck.

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Answered on 3/04/08, 12:48 am


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