Legal Question in Wills and Trusts in California
Family will
Recently my uncle commited sucide and I have been the only relative in the state who has been helping him out. He left a will from 1982 with him and his wife listing the house and tangible property as going to the Elks old age home. His wife was my aunt who died 15 ears ago, who is still listed on his home and accounts. they are the god parents to my son. They both had the same will that were never filed with the state of california. His niece in florida is the executor of the will, In his bank accounts he has about 1,200,000 in accounts of which about 800,000 in in trust for is sister who is a ward of the state of florida and in a old age home. He most likely listed her as in trust for over the last few years as he was becoming more unstable and worried about any accounts over $100,000 to be insured by having another name on the account. As it stands now we have nothing coming from his estate, although he made comments of taking care of the childrens college, he never put it in writing. Do I have any grounds to contest his will written in 1982 or the recently accounts out in trust. He was mentaly unsatble at his deatch and was being treeted by doctors who we were trying to help him along with me and my wife. Thanks
3 Answers from Attorneys
Re: Family will
Unless he made a will since, or made a written revocation of his will, the will is probably valid. As for the accounts, without evidence that the vesting on the account resulted from fraud, duress, or undue influence, or that he lacked mental capacity at the time he put the accounts in his name "in trust for" his sister, the money belongs to her. Ironically, because she is a ward of the State of Florida, it will probably disqualify her from public assistance, or go to the State of Florida.
This may seem unfair, but that is the way it is.
Re: Family will
It sounds like the thing to do will be to open a probate. You can get a local attorney to act on your behalf as closest relative to probate the will and handle the trust.
If he was in zip 91311 (Chatsworth) then the probate can be filed in Van Nuys courthouse.
FYI: Attorney's fees are paid out of the estate so you do not have to pay for attorney's fees.
Neither the money nor the real estate title will be able to be accessed without change in title which means probate.
I am in Westlake Village if you want to talk about this.
Caleb
Re: Family will
It does not appear you will be able to successfully contest the will written in 1982.
You will have to probate the estate. Attorney's fees are paid from the estate and probate should be filed in the County of your Uncle's last residence.
If you would like a free consultation, please call me. I have over 25 years experience in probate.
I am sorry for your loss. Good luck and thank you for your inquiry.
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