Legal Question in Wills and Trusts in California

Obtain yourself a probate litigation attorney who specializes in conservatorships to have your grandmother put under a conservatorship of her person and estate,to stop your uncle from wasting her estate by making expenditures that are not his to make. The estate assets are first for her care, and if anything is left over than the heirs are entitled to receive. this is urgent; take care of her, regardless of whether you are entitled to any interest in the estate.

Mr Waid is correct, you need to act now and have conservator properly designated...

Your Uncle has no special standing because he is the "executor" . Once your grandmother passes, the will must go through the probate process. He then could be appointed as administrator of the estate. The appointment as executor/represenative can be challenged or he can be removed. (especially if there has been embezzlement or those types of act) . I will note that if he administers the estate, he then has a fiduciary dutiy to the estate to properly administer it and cant use the money for his purposes at all or he becomes personally liable.

You also noted a concern abut him changing the will. The California Probate Code only allows the testator (your grandmother) or an appropriate conservator to execute a testamentary device. Once gain I would suggest getting a conservator and that would clearly indicate that yor grandmother has lost ability ot mainifest testamentary intent.

As Mr Waid has mentioned Take Action now - get a conservator who has the best interest of your grandmother in mind....

Thanks for posting this message.

In order to preserve your grandmother's estate, you can and should hire an attorney to help you.

Your attorney needs to be experienced in elder financial abuse and conservatorship law. Assuming you have evidence of the theft and the improper use of your grandmother's credit cards, the lawyer may be able to write a letter to your uncle demanding restitution of all funds taken from your grandmother. It also may be possible for your to be the "guardian ad litem" for your grandmother if a lawsuit must be brought against your uncle.

A conservatorship may or may not be necessary, depending upon the status of your grandmother's estate and your family situation. Conservatorships are expensive, and advice as to a conservatorship can be given only after full consideration of all facts. Do not be surprised if your uncle fights you on the appointment of the conservatorship, moreover.

I see nothing in your question to suggest that your uncle has any right to change your grandmother's will.

If you have family members who are also concerned about your uncle's conduct and stand to inherit under the terms of your grandmother's will, it may make sense for you to work together to preserve your grandmother's estate.

Unfortunately, this is probably not something you can handle without an attorney's help. I have experience in elder law cases, and some experience in conservatorships. I would be pleased to speak to you about this in more detail, if you desire.

All the above answers should be considered immediately.

Get an attorney right away. You have every right to protect your rights as a potential beneficiary.