Legal Question in Wills and Trusts in California
My friend whom I've known since the 6th grade lost her father to cancer in the 80's and her mother recently due to cancer. She is a only child and a uncle left as the executor. The family had a well known restaurant and known the mothers kind-heartedness to many that did not have or could not do financially on their own because she gave to many. The family were millionaires and had property too. The daughter who is now legally blind has been abandoned by all except myself. The uncle has taken all the money, the business, the properties including the estate that the mother had built for herself and her daughter. He told her that he loves her, but get out of his house. Can anything be done about this? There are also several (about 10 to 15) life insurance policies that were up to date and active and listed the daughter as the beneficiary. We just found out, by re-over looking through all the paperwork I had from her mother, that the uncle had forged her mothers life insurance policies by changing the beneficiary to himself at the time that the mother was in a nursing facility and had her first stroke. Where do we go from here? Thanks
3 Answers from Attorneys
You and your friend need to go see an attorney that works in the field of estate litigation. This is far too complicated for you to handle yourself, or without the aid of competent representation.
You also need to act quickly, to see if there is anything to be done to prevent the insurance companies from paying out on the policies.
There are both civil and criminal aspects to what you have stated. Your friend needs legal representation. Some of the details are vague, but whether the uncle is an executor or a trustee, and whether there is dependent adult and/or elder abuse, it is extremely important she get a lawyer now. The lawyer will need to see all paperwork at the initial consultation.
This sounds like a terrible situation. If the Uncle is successor Trustee of a Trust, then a Petition to the Probate Court to remove him and for an accounting would be a good first step. Of course, you need a copy of the Trust or Will to determine who the beneficiaries are supposed to be (presumably the daughter). Please see an attorney right away. There are deadlines for objecting to certain actions so you need to move quickly.
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