Legal Question in Wills and Trusts in California

Hi,

Question...my aunt and uncle outlived my father (all siblings). They have POA for my grandparents, and have been working with lawyers. In CA, assuming they have included only themselves in a will/through a lawyer to inherit my grandfathers estate (split then 50/50), do my sister and I have any right to estate/inheritance per the per capita with representation/stirpes etc? I figure my mom (daughter-in-law of my grandparents) has no right, correct? I'm hoping my sis and I do though.

Thanks.


Asked on 6/07/12, 12:19 am

1 Answer from Attorneys

Jennifer Rouse Meissner Joseph & Palley

An agent under a power of attorney cannot execute a Will on behalf of the principal. If your aunt and uncle did this, then the Will is invalid. If your grandfather executed a Will while he had capacity, then whatever the Will says about distribution controls. If your grandfather did not execute a Will, then his estate is distributed by intestate succession. All community property would go to your grandmother if she is still living and the separate property would be split between your grandmother, your aunt, your uncle and you and your sister would share your deceased father's share. If your grandmother is not living, then your grandfather's estate would be divided three ways - one-third to your aunt, one-third to your aunt and one-third split between you and your sister. Your mother has not interest in your grandfather's estate under intestate succession.

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Answered on 6/07/12, 9:33 am


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