Legal Question in Wills and Trusts in California
My question is in regards to my grandfathers estate and I am writing on behalf of my mother.
My grandfather passed away two months ago and did not create a formal trust. The only thing my grandfather created was a three page notarized last will and testament that names my mother as the sole executor of his properties, bank accounts, etc.
My grandfather only had two children, my mother and my aunt. My mother is attempting to do as my grandfather wanted and has filed for an EIN to begin opening an account in the estate name. The bank is requesting copies of the formal trust. They have been provided with the only document left by him, what other information or forms would they require? Would it be too late to establish the trust and is it necessary?
Second question... the will and last testament also states the executor can sell the properties without notice only subject to such confirmation of the court as required by law. The properties have multiple owners on the title... Does the executor need all owners to agree or can she sell as stipulated and distribute the money as stipulated in the document if the sale occurred?
Any help or advice would be greatly appreciated. Thanks
3 Answers from Attorneys
First problem is that Wills in California are supposed to be witnessed, not notarized. Second issue, if no trust, your mother or you aunt must file a petition for probate before getting an EIN or opening an estate account.
The authorization to sell real property"without notice" means notice to heirs, but does not over-ride the rights of co-owners. Note that if title is held in joint tenancy, there is right of survivorship and the property may not be part of the estate. Property held with other tenants in common cannot be sold by one owner alone. After the estate is distributed, the heirs can file a partition action if they wish to sell.
If the Will is invalid then the assets pass through intestate succession. The Will may be established as valid, even if not properly witnessed, but it will take Court approval. Since there are multiple properties involved, assuming they are not held in joint tenancy then these properties are subject to Probate. The bottom line is that you need to hire an attorney to sort these issues out.
I agree with the above responses, and suggest that you have the document reviewed by a competent attorney to determine whether it is a valid will, or a valid trust.
Related Questions & Answers
-
Do I need to have an addendum notorized in ca to considered legal Asked 6/01/11, 12:55 pm in United States California Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
