Legal Question in Wills and Trusts in California

Probate Law

My grandmother past away over a year ago. A few years prior, she put her house in my Aunts name as a gift and gave my aunt power of attorney. Unfortunatly, my aunt died unexpectedly 6 months before my grandmother did. After my aunt died, my uncle (no blood relation to the family), put the house in his name only in a trust. When my grandma died he sold the house immediately and told everyone there was nothing left. He said it didn't even go through probate. I know the house was worth at least 200K and they had a motorhome and other vehicles. My question is this: Can he legally do this? we got nothing and he took everything. Is there someone I rreport this to? He said there was no will, but I think he destroyed the will so that he could keep everything. Can anyone help with this???


Asked on 10/15/07, 12:23 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate Law

This nightmare is the result of profound ignorance which is so endemic among the middle class of this country. That's why I wrote my book on the subject for the middle class. The deeding of the house to your aunt was a gift to her. Your grandmother no longer owned the house. When the aunt died, I presume that her husband inherited the house and then transfered it into a trust. Perfectly legal. A living trust is a will substitute. When grandma died she owned nothing to will to you or anyone else.

This is one of the most pathetic nightmares caused by "homespun" estate planning. No wonder the middle class can't get ahead.

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Answered on 10/15/07, 2:14 am


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