Legal Question in Wills and Trusts in California
Recently my dad and aunt both died in November of 2010. My father told us that my aunt had left us in her will. While cleaning out my father room I found a copy of a will dated August of 2010. It reads that my aunt is leaving my brothers and I $5000. Also, her house was to be left to my dad and his brother (my uncle). Now that my father has passed, can his children claim what was suppose to be his? Also, should we bring a lawyer on the day the will be be read?
3 Answers from Attorneys
Wills are "read" only in the movies. The answer to your question depends on who died first, what the will says, and other factors. Do not wait to consult a probate lawyer in person.
Mr. Stone is entirely correct. The order of death does not effect you and your brothers getting $5,000 each, but the language of the fWills must be looked at to see who inherits from your father's estate and whether he had to be alive when she died. Your uncle is going to own at least half the house and once all sides know what the facts and law are, then the two groups of heirs will have to decide what will be done with the house, etc. If there are no conflicts of interest between the two parties, a single attorney might be able to represent both groups, but one side will have to get their own attorney once it is clear there is a conflict between the two.
Yes, you should retain a qualified attorney immediately to advise you and protect your potential inheritance.
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