Legal Question in Wills and Trusts in California

My Grandmother passed away this past May. She owns a home in California. Recently family has been in disagreement about the home. My uncle has lived with my grandmother in her home for more than 25 years. Recently the house was put up for sale by one of my aunts which was not my grandmothers wishes. We would like the house to remain in the family and my uncle continue to reside there.This house is paid in full. Supposedly the house is to be divided amongst all 7 of her children which would include my mother who was the only deceased child of my grandmother. I would like to know is there anything we can do to stop the sale of this home and shouldn't we be informed and have to give up our portion of our inheritance before any action can be taken,. They told my sister when she asked that my grandmother removed her from receiving inheritance. But I just received documents filed in June there was a copy of a will with my mother listed. What can I do? My uncle who resides in the home was just forced to move because supposedly there was a buyer. Last week we found out My Aunts husband purchased the home.

There is no mention of the home sale mentioned in the probate documents.

Also no mention of any of this has been brought to our attention they just listed my mother as deceased. Document says no issue with deceased. Is this legal.. What can I do to make sure we are listed as heirs to the deceased beneficiary without contesting the will


Asked on 1/06/10, 11:27 am

1 Answer from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

A lot of the answers to your questions will depend on what your Grandmother's estate planning documents say. Did she have a will or a trust and what did they say? Has a probate been opened, and where? If so, who was named as the executor? There are lots more questions, but you get the idea. Whoever is administering the estate has to follow what the documents say. You should have an attorney review the documents for you.

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Answered on 1/11/10, 11:59 am


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