Legal Question in Wills and Trusts in California

My grandparents recently died. The family member/executor who emptied out their house took 5-10 boxes of family photos. The boxes contain photograghs of 4 generations of my family. My aunt, my brother, all 5 grandchildren and I have asked for some pictures. We have offered to make copies and return the originals. We all have been told NO!

Can I sue to get some pictures of myself as a child and some pics of my grandparents?

Should all of us sue together or just one of us?

We live in different states and varies places in California. Do we all need to appear in court?

The boxes have been taken out of California and brought to Oregon. Is that a problem?

How can I prevent the pictures from being destroyed?

Thank you for any advice that you can offer!


Asked on 10/14/09, 9:45 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Was there a will? Was there any codicle regarding personal effects and their distribution? Why is the executor taking tis position? Contact me directly.

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Answered on 10/14/09, 12:37 pm
Scott Linden Scott H. Linden, Esq.

I understand and emphasize with your frustration. This does seem highly unusual. Who was the executor? Was it one of your aunts or uncles? Any idea why they are refusing the requests?

Do you know how your grandparents' estate was handled? Was it through Probate? Was there a will or a trust?

The answer will depend, partly, on how distribution was handled and by whom.

It does not matter where they have run off to, except for Service of Process, if Court intervention becomes necessary. Often these issues can be handles by an independent 3rd party, such as an attorney.

Unfotunately, the best way to prevent the photos destruction is to have anattorney contact them or file Pleadings with the Probate Court. Of course, this will not stop their destrction or removal of certain photos from the complete set.

I believe we can assist you and can work with you or provide you with an associate attorney located in Thousand Oaks (a little closer than Pasadena) to assist you.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 10/14/09, 2:17 pm


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