Legal Question in Wills and Trusts in California

Protecting Inheritance

My grandmother just passed away. In her will the two appointed executors have also passed away. Her 7 surviving grandchildren are to have equal shares of the inheritance (approx. 30,000 each).

I know that one of my cousins will be petitioning the court to be the executor but I do not trust this person. While Grandma was alive she was always conning her out of her money so can I ask the probate court to assign someone outside the family?

Also there is a piece of property that is held in joint tenancy with this cousin but it is in unequal shares (cousin 63%, Grandma 37%). The deed was changed from 50/50 when Grandma was sick and dying. Is there anyway we can get this deed changed to Tenants in Common and have it considered part of the estate? There is a ''no contest'' clause in the will so would I be jeopardizing my inheritance to insist on an inventory of the estate before distribution?


Asked on 5/29/02, 12:53 pm

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Protecting Inheritance

The court often favors the person filing the probate first, so you may want to beat your cousin to the court--you both have equal priority to serve. They'll also look to who is supported by more of the beneficiaries--you may not want to make waves, but who would everybody rather have?

As for the no-contest clause, this probably won't apply to the joint tenancy transaction, but have an attorney review it to be sure. And the inventory is required in probate anyway, so you won't jeapardize anything by asking for that.

Read more
Answered on 5/29/02, 3:49 pm

Re: Protecting Inheritance

I would say YOU should petition the Court FIRST... before the cousin does. Who has the original will? Call me if I can help. Good luck. We are based in Sacramento but serve all of California.

Read more
Answered on 5/29/02, 1:00 pm
Mina Sirkin Sirkin & Sirkin

Re: Protecting Inheritance

If it can be shown that this cousin unduly influenced your grand mother regarding the title to the property, you can ask that the court deny him/her as the executor. You can petition or have another person appointed. If you need help, please contact me at [email protected] or 818-340-4479.

Mina Sirkin, Esq.

Certified Specialist Probate, Estate Planning and Trust Law, Board of Specialization of the State Bar of California

Read more
Answered on 5/29/02, 2:54 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California