Legal Question in Wills and Trusts in California
Grandmother's estate in CA - Exec in OR
My grandmother died in Aug 06 in Escondido, CA and the executor lives in Eugene, OR. Executor claims Grandma left everything to her and another niece, but she will not produce a copy of the will to us, the granddaughters. She is not a blood relative - she is related through marriage. Grandma told me that she was leaving everything to her nieces and granddaughters in her will. We live in Iowa so it seems we have been left out. What should we do?
3 Answers from Attorneys
Re: Grandmother's estate in CA - Exec in OR
Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.
The answer to your question is that you should find where the will is probated, and get a copy through the probate court. You may also need to make a claim in that court as an heir.
I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at rmiller[at]expertlawfirm.com. It's my pleasure to help in any way that I can. Thank you.
Re: Grandmother's estate in CA - Exec in OR
They are required to provide you copies.
Re: Grandmother's estate in CA - Exec in OR
Wills are not self effectuating. It is a meaningless document until proved up in a probate. Perhaps nothing has caused more havoc in Hollywood than the scene of the "reading of the will." If the will is being probated, there is a case file in the county in which she resided and/or in which she owned any real estate, if the real estate is not in California. The court file, with a copy of the will will be public record. I would suggest that you and other interested parties hire an attorney here to look into the matter. It won't be very expensive. Remember, if you do not protect your own rights no one else will.
The issue is not just what the will says, by what is the date, under what circumstances was it executed in terms of a potential contest on the possible bases of fraud, forgery, undue influence, incompetence, etc.