Legal Question in Wills and Trusts in California
How can I find where a will was prepared since somehow it can be found and claims that it doesn't exist and if it did because it was done as a married joint will prior to my grandfathers death and now that my grandmother has passed it cannot be found. I could see how someone would like for it not to exist because their house was left to me their grandson but there are several grandchildren and 4 grown children. My aunt has been named executor since my uncle is ill and does not want to deal with it. My aunt on several occations has suggested that the house should go to her son because the last few months of her life he took care of her she fails to mention that he was being paid to do it. So what recourse do I have or is it a lost cause. My grandparents neighbors of 31 years told me that they were told by both my grandparents that the house was to be mine when they both passed and that he had made a will to make sure that it happened.
1 Answer from Attorneys
If a will can not be found, then (since the total value of the estate is most likely over $100,000) a Probate action must be commenced by the executor. Basically, your aunt will need to start this with the Probate Court and, unfortunately, if no will can be found then your grandparents' estate will pass under intestate succession. This means that their children will divide their assets.
Perhaps you may be able to make a good argument for the creation and loss of a will, but, again, there will be a problem with you inhereting the home. Because it is real property, the Statute of Frauds will be induced. This statute requires there to be a writing when real property is involved.
It might be best for you to sit down with an attorney to go over what you have (evidence) and then determine your options.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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