Legal Question in Wills and Trusts in California

My father in law passed away and in his will said that his 2 children and his mother were to share everything equally ( 1/3, 1/3 and 1/3 ). The will also stated that the home he owned was to remain his mother's residence until she died (a life estate).SHe never lived there as she moved immediately into the home of her daughter. The mother was very old and senile and gave power of attorney to her daughter and then daughter decided to sell the home and pocket the money. The mother died 2 years later.-only 2 years after my father in law(her son). LEGALLY does the power of attorney(daughter) need to relinquish the remaining money from the sale of the home to the other 2/3 (children of the deceased man who made the will) ? I thought I would add that the daughter (power of atty) did not even contact the family to let us know grandma passed away until 6 months after her death and lied about the month she passed away....they said December but social security says January of the next year. Were they trying to hide something? Was there a time limit they were trying to make so they didn't have to pay back any money to the heirs??? HELP!


Asked on 9/30/11, 2:14 pm

3 Answers from Attorneys

It's hard to know exactly based on the facts you have described. If there had been a true life estate on the property it would have been tough to sell the property. I would do some deed research to figure out more. Call me if you want to talk more about your case. -John

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Answered on 9/30/11, 2:21 pm
Roy Hoffman Law Offices of Roy A. Hoffman

You really need to take a copy of the will as well as all other documents (including any deeds showing that the mother simply had a life estate in the property) you have to a probate and estate planning attorney in your area. The daughter who sold the house may be liable to the remaining siblings and you may need to open a probate to demand an accountinhg from the daughter.

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Answered on 9/30/11, 2:21 pm
Thomas Reid The Law Office of Thomas D. Reid, APC

The situation you propose raises a great deal of issues. Also, as stated above, to answer the question adequately, you will need to provide an attorney the documents and further information on the status of the parties and relationships involved. If you have any further questions, I would be happy to run through your situation on the phone and see if I might be able to assist.

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Answered on 9/30/11, 2:56 pm


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