Legal Question in Wills and Trusts in California
Gifts prior to Death
Prior to my grandmother's death she gave a vehicle to my sister. At the time, grandma signed a ''gift receipt'' so that it could be registered. Before my sister could get it registered, grandma died. Now the executor of the estate is holding it as part of the estate. My sister has already sent a copy of the signed gift receipt to the probate attorney but we have had no response. Is there anything else that we can do other than just wait out probate?
2 Answers from Attorneys
Re: Gifts prior to Death
You need to ask an attorney to review this situation for you. An attorney will be able to investigate and explain the particular situation that you are facing, such as why your grandmother's APPARENT intention is being questioned and why the gift is being held pending settlement of the estate. For example, if the gift was made only a short time before death, then there may be some question about competency, undue influence, or other issues. Local law, state law, and even common practice in the place where the probate proceedings are being held could all have an effect. See an attorney.
Re: Gifts prior to Death
If the gift was actually made, and the receipt would likely be good proof of that, you should make a "creditor's claim" against the probate estate when probate is opened.
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