Legal Question in Wills and Trusts in California
In my fathers will the THIRD paragraph he states "I hereby make the following specific gifts:"A to my wife, ___ my 2012 ___automobile, and my lady"s bicycle;B. I give my mens bicycle to my son ____; I give my 2008 _____automobile to my stepdaughter ______.D. I give all of my computer equipment to my stedaughter ____( this is Myself) & E. I give devise and bequeath my home located at______and all my funiture contained in my said home to my wife ____, my son___and my step children _____ and ______ in eaqual shares... The fee title to the above said gift shall be subject to the exclusive right of ____ to occupy the premises and the right to the use all of my household furniture , for the first three years following my demise, or until her demise which ever first occurs........
I am being told by my stepmother that the computer is hers to use, as it is part of the house hold furnishing, and that the attorney has told her that I can not receive this equipment until the House has been sold. My concern is that the equipment was only a few months old when my father passed, and now I am told that the printer does not work,(although it was quite functional two days after his death when I witnessed her printing off several copies of the will & things,)she states the computer is broken, She does not know how "to use a PC" but needs the unit to operate her I Pad off of the WI connection. My sister has received the 2008 automobile, "released on a hardship" as my stepmother said the estate could not pay for the engine maitnance & Dmv fees. DO I have any legal standing to have a Tech come in( at the cost of the estate) and repair the printer, & to put an antivirus, which it is being used without, as she says she does not use the computer, yet ran it to use the printer when the printer was opertable. As it was stated that it was a "specific gift" & not is is a Household piece of funiture I believe I am being either lied to or misinformed. Are there any options for me to legally obtain my gift before the item is totally infected, or destroyed by misuse. The will has officially been in Probate for four months and 10 days. Thank you for takeing the time with this matter- sincerely, A very flustered Heir!
1 Answer from Attorneys
The only way to force a distribution is to file a petition with the probate court for an order requiring the executor of the estate to transfer your inheritance to you.
You do not have any rights to have the computer repaired while it is still within the estate or otherwise do anything to the computer until its distribution.
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