Legal Question in Wills and Trusts in California
My great grandmother recently passed. She named my great grandfather (her surviving spouse) as the benefactor of her pension. Can a grandchild petition the court to be administrator of my great grandmother's estate (which consists of the pension? Are pensions counted as personal property?) Thank you sooooooo much
2 Answers from Attorneys
My condolensces on your recent loss. You can petition the court but you would probably lose. The money goes to your great grandfather. If your great grandfather is not capable of managing his estate, he may need a conservator to handle his estate. You can petition the court to be named the conservator and then have the responsibility to administer your great grandfather's estate.
The money probably passes immediately to your great grand father without regard to any Will. Why do you want to get involved? If he is mentally sound and does not throw money away, then he does not need a conservator.
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