Legal Question in Wills and Trusts in California

''Heirs recourse''?
my husbands grandfather died approx.10yrs ago,and had 6 grown children,one of who was my husbands father,and he also died before the grandfather,so,he stipulated that the monies that his son would have recieved,were to be divided among my husband,& his brother,the papers were sent to my mother inlaws house,but she didnt give them to either of the brothers,so they never knew of this,until a few days ago,accidently,this amount divided would have been $8,000 each,the two co/exec.of estate aunt/uncle,never notified them either.,they have the copy of the will, just found,saying all of this,now what?i called the attorney,he said so far he couldnt find any records,but what about the clerk,of the court,could the exec.,or?not give them their money,or do what with their shares? ?please help,and god bless--name removed--amaral

Asked on 2/15/02, 2:45 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

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Re: ''Heirs recourse''?

Has the will ever been probated? It still might be possible to do so.

If the funds were spent by the executor, you could have a cause of action against them.

The County Clerk of the Court where the grandfather died would be a good place to start, if you don't know if there has been a probate proceeding.

Answered on 2/15/02, 3:10 pm

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Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: ''Heirs recourse''?

Check with the court clerk in that county to see whether probate was ever filed. If not, he may have a claim against whoever has the property he should have had--this may be your mother-in-law.

If the property is still in the grandfather's name, they can also still claim it. An attorney would have to review all the papers to see what's required, or what rights he has--this would depend on what happened to the grandfather's property after he died.

Answered on 2/15/02, 3:13 pm

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