Legal Question in Wills and Trusts in California
Our half sister was notified of our Aunts probate court hearings & listed by her name. My Sister & I were never notified & listed as Nieces. Our Aunt had severe alzhiemers disease at the time of her death. Her estate was handled by 2 of the public guardians that were terminated at the very same time they were handling our Aunts estate. I recently saw on the San fran courts website that there are 2 standing orders in regards to the 2 public guardians who were terminated. I have no idea what a standing order even is? My question to you though is, Even though years have gone by, is there anything we can do now since we were never even notifed? The only reason we even found ot was due to the comptrollers office contacting us saying unclaimed funds were found that may belong to us. This was in 2009. We live out of state were in Washington state & our Aunt lived in California. We even have a video tape of her at the signing of her will saying she dis inherited alot of family members & they are also listed in her will as disinhertited yet ALL of them recieved a settlement ftrom her estate?! She wanted everything to go to us the disinhreritede ones, yet the disinherited family members recieve a settlement? I mean, what good was her will? Please help...ty
3 Answers from Attorneys
The probate file woulld have to be reviewed to give you an adequate answer to your questions.
It is possible that you and your sister may have any additional rights (other than the unclaimed funds) with repsect to your sister's estate or to answers regarding the Public Guardians' handling of her estate. However, as Ms. Rouse has said, the Probate file would need to be reviewed to determine what, if any, action can be taken. I would suggest that you contact a California Probate attorney to assist you with this. You should also provide the attorney with the video tape and any other relevant documents that you and your sister have in your possession.
Do you have any understanding as to why no one in your/your half sister's families acted as either her conservator (when she was living) or her executor/administrator after death? The problem with the passage of time is that her other assets may have already been distributed. It is also possible that your half sister's assets could have been used for her care. Alzheimers and dementia care is very expensive and estate are often exhausted due to such care requirements.
The San Francisco Superior Courts use the term "standing orders". Usually, the term simply means that the orders stand or continue throughout the proceedings unless the court revises or rescinds such order. The term can also mean that they are orders routinely made in similar cases. I, or any other attorney, would need to review the actual order to determine the court's meaning.
If you'd like to ask additional questions, you can email me at [email protected].
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