Legal Question in Wills and Trusts in California
Executor of Grandparents Wills & Trusts Associated with the Wills
My mother is an only child and so named in my grandparent's wills. My Grandparents named each other, my older sister and than I executors of the wills and trusts. My grandpa died 10 months ago and grandma never probated his will, and the trust which were said to be executable on his death were never done, now grandma has just died, so we have the two wills and the two trust documents. The property consist of a house, bank accounts, insurance, retirements, CD's and all is valued over $500K, does my older sister has to file the doc's with the court and be appointed executor of the independent administration, or can she execute the wills, trusts and gain access to the bank accounts without be appointed or having letter of testementary as I've been told we need. My older sister is doing things now, and neither my mother or I have been told anything as to what is in the documents or in regard to the full value of the estate and isn't my mother entitled to half of the entire estate being that she's the only child? Please Help!
4 Answers from Attorneys
Re: Executor of Grandparents Wills & Trusts Associated with the Wills
If the trust and/or will names your mother as the sole heir, she is entitled to the entire estate, not one-half. At the time your grandparents executed the trust, they should also have transferred their assets to the trust. For instance, for the real property, a new deed would have been executed to transfer the house from their names individually, to them as trustees of the trust. You can check public records in the County were the real estate is located to see how title is held. If no transfer was made, and the trust did not contain a schedule identifying assets your grandparents intended to transfer to the trust, then the estate may have to go through Probate, in which case a Petition is filed with the Probate Court in the County where your grandparents lived. You're mother is entitled to a copy of the trust and wills, and should request them. (It is more likely that there is one trust and two wills.) Once she has reviewed the terms of the trust and or wills, you may have your answers or be able to seek additional legal advice. Without a copy of the trust and wills, it would be difficult to determine the beneficial rights of any of the parties.
Re: Executor of Grandparents Wills & Trusts Associated with the Wills
Were you named as co-executors of your grandmother's estate and as co-trustees with your older sister? The trust would operate without court supervision, unless it is specifically required in the documents. I would have to see the documents to advise you further.
Mina Sirkin, Esq.
Certified Specialist Estate Planning, Probate and Trust Law, Board of Legal Specialization of the State Bar of California
Re: Executor of Grandparents Wills & Trusts Associated with the Wills
When Grandpa died, Grandma got everything. When grandma died, everthing went to your mother. Since the trust was not completed you have to go to probate court and file a petition for probate. Your sister will object to your being named sole executor and, if you engage in battle, the probate court will turn the execution of the estate to an independent administrator. That might be okay with you. If you want to keep in control you will have to get your sister to agree to be co-executor of the will with you. That would be the best idea, although it will require you to develop mature diplomacy skills in a very short time. I recommend that you do this. My advice is make nice with Sissy and go in with her to probate the estate. If you cannot do this, petition for probate but be prepared
Re: Executor of Grandparents Wills & Trusts Associated with the Wills
It's difficult to answer without seeing the documents, but probate court is not necessary unless the assets haven't been transferred to the trust. Even if not, there may be a simplified probate procedure to get them in, but a review of the documents would be necessary.
Your mother is entitled to notice and a copy of the trust as a beneficiary and heir of your grandparents. If your sister is being uncooperative, an attorney can perhaps get your mother the documents she needs by writing a letter, or forcing disclosure in court if necessary.
Your mother should see an attorney to review the specific facts and to take the appropriate action.
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