Legal Question in Wills and Trusts in California
only living relatives my mother and mother in law
my brother lost his wife a year ago, he had an accident and passed away about 4 months ago,no children,most of estate went to various persons,but he had no designation for his house,my understandering is the house would be sold andmoney would be devided , between my mother and his mother in law.not the case a niece from his wifes side of family has taken over the estate or the house,she claims she as well as all her family are entilted to a portion of money.house paid off and worth 450,000$. neice states my mother will get about 30,000$ Is this right, it sounds very strange to me ,my mother is 88 and confued at times has stated that niece has had her sign things and have things nortrized.mother in law also having her sign things she has no idea what she is signing,i live in texas and i am unabe to go to calif to see whats going on .any answers you can give me will be great.niece states she is entilted to 30%and lawyer gets about that much too
5 Answers from Attorneys
Re: only living relatives my mother and mother in law
Depending on how the title of the house was held between your brother and his wife, your mother may get it all. You or your mother should petition the court immediately to administer the estate. Call me in my office on Monday.
Re: only living relatives my mother and mother in law
I can't tell from the message if the property is located in CA or TX. I'm only licensed in TX, so I'll talk about that. If the mother is the only heir, then she'd inherit. Niece may have duped or defrauded mother. If that's the case, then you'll need to act very quickly to remedy the situation.
Re: only living relatives my mother and mother in law
First you need to determine if there was a will or trust and if probate has been opened. We can check the deed to the house very easily and check to see if probate has been opened. Generally this would be the county where they resided. Your family (your mom or her appointee) should have priority so as long as the niece has not been appointed administrator yet (assuming there is no will) then you need to get a petition on file ASAP! Please call an attorney and talk to them. My serve serves all of California but primarily northern California. I have colleagues I can refer you to in Southern California who are qualified to help you. Please contact me, if you would like some help, at 916-920-5983 x405. Good luck!
Re: only living relatives my mother and mother in law
The situation sounds very strange. Find a probate attorney located in the general area of California where your grandmother passed away so they can review the file as soon as possible, before the estate can be stolen.
Re: only living relatives my mother and mother in law
you need to determine whether or not a probate has been opened for your brother's estate and then take action to have the niece removed as executor (assuming the facts you have stated). if no probate has been opened, then even with a trust a petition for probate should be filed.
your mother may also need to be under a conservatorship if she is unable to manage her affairs. or an action for elder abuse may be needed against the niece.
if the property and your mother are located in the San Francisco Bay area, please contact me if you need assistance.
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