Legal Question in Wills and Trusts in California
Executor and possible fraud
Aunt passed away in California about 5 weeks ago, her estate has an executor who befriended my aunt, before she passed away at 100 years old, and talked my aunt into having her name put on my aunts bank accounts and now she is trying to have the deed transferred to her name. The death certificate states that the executor is the daughter to my aunt. My aunts one and only daughter passed away 29 years ago. There is an affidavit that the executor can sign to correct the death certificate yet she refused to do so because she has convinced herself that she is a family member. The death certificate which has her listed as ''daughter'' just totally changes the complection of our family tree. The executor is not the DNA as my aunts or ours. HELP!
2 Answers from Attorneys
Re: Executor and possible fraud
Clearly you need legal assistance. I have experience in this area and should be able to assist you. Please contact me if you so desire.
Sincerely,
Kai H. Wessels, Esq.
(toll free: 877-Wessels
Re: Executor and possible fraud
If your aunt's house was not in a living trust, then it will need to go through probate in order to be transferred into anyone else's name.
What county did your aunt reside in? That's the county where the probate case is supposed to be filed. It is relatively simple to find out when the probate case will be heard for the first time.
You can file a contest to the appointment of this woman as executor of your aunt's estate (it would be best if the contest was on file with the court before the first hearing date).
Make sure you have an experienced probate lawyer represent you. If you are interested in assistance, please take a look at my profile and my website.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
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