Legal Question in Wills and Trusts in California
My Mother's Aunt (my Grand Aunt) died in late November 2012 at age 92. She had told my mother that she would be provided for after her death, which would allude to a Will's existence. She lived in California while we are in New York, so the last time we saw her in person was probably 1988. She never had any children and my Mother is her closest living relative. My Aunt had told us that, in the event that something happened, a friend would contact us. Well, said "friend" didn't inform us of the death until one month after my Aunt was in the ground. We don't know if this friend has any designs on any of her assets--my mother was in touch by letter and was told about how much a member of the family my Aunt was considered. She even referred to my Aunt as her children's "Grandmother". I wrote to her a week ago via e-mail provided (that is all she gave in the condolence card she sent, no phone number) and I haven't heard back. I asked if she knew of an executor for my Aunt's estate. It seems that some time in October, my Aunt had fallen and broken her hip, laying on her floor without help for 5 days. She was eventually found and hospitalized. She was released to her friend and stayed with her for the last month of her life, only leaving to go into Hospice care for the last day. I'm grateful for the care and friendship provided to my Aunt in her older years, but I am perplexed by the lack of response from the friend.
I'm wondering where to go from here. I called the Probate Court of Stanislaus County to ask if a will was on file with them--none was found. I even called the Santa Clara Court where she had lived previously and they found no will on file either. My Aunt owned a home (not sure if she had a mortgage). She must have had a bank account. As mentioned earlier, she verbally told my mother she would take care of her after her death. It's frustrating being broke and on the opposite coast. What rights do we have, if any? If a will does exist, how can we be sure it will be found and if there is no will found, is there any other course of action? I's a complicated situation, I know. I'm grasping at straws here, hoping I can help my mom get what she was promised. Thanks for any help you can offer.
2 Answers from Attorneys
A title check on the home to see if it's in a trust, or in joint tenancy with anyone, shouldn't cost too much and that would answer some questions. A probate or trust administration should include notice to your mother as an heir, and you can also check with the probate courts to see if any probate actions have been filed for your Aunt. If you continue to have no response from this person, consider talking with an attorney to see about filing probate (if the house is in your Aunt's name) or a trust action if the house is in a trust.
It sounds like you should contact an estates attorney in California to help you.
If you know what county your aunt's house was in, then you can obtain a copy of the deed from the recorder's office for that county. All the counties have web sites now, although the process for obtaining records differs from county to county.
The verbal promise from your aunt is not enforceable. There also is no central repository for wills in California. If no will is found, then your aunt's estate will be transferred to the heirs according to the laws of intestacy. Your mother may or may not be able to inherit through those laws. Much depends on what other family members your great-aunt had.
In addition, the estate may need to pass through probate. That isn't 100% certain, as everything turns on the assets and liabilities in the estate.
There are many lawyers on Lawguru that practice probate law. I suggest you start contacting some of us to see if we can help you. Note that if the estate passes through probate, then the attorney's fees are capped by law. You can sometimes negotiate a lower rate. The lawyer can also help you look for the deed and contact the friend of your aunt, if you so desire.
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