Legal Question in Wills and Trusts in California

son omitted from grandma's will

my brother is executor of my mother's estate. she died in 2004 and though i know she revised her 1994 will he is saying the 1994 will is the only will in existence. the 1994 will disinheirited me. the 1994 will leaves her entire estate to my 2 brothers and my first 2 children. share and share alike equally. i had a son in 1991 who my mother did not meet until we reconciled in 2002 when she got cancer. she loved my son and would never had died without revising her will to include him (and probably me as we spent her last 2 years reconciled.) is he entitled to 1/5 her estate as an omitted grandchild? also..if my 1st son quitclaims me his share of inheiritence can i move into my mother's house? i grew up there and am homeless. my bros won't let me stay there and i'm desperate. i need a place to live with my youngest son who will be released soon from a juvenile detention facility. can my 1st son give me his share so i can move into my mom's house? if my youngest is entitled to 1/5 i figure i'd have 2/5 share of the house and be entitled to live there. they have destroyed my mom's house and i'd like to clean it up and take care of it. and them. they are both diabetic and i love them. even if their selfish jerks. will not probated yet.


Asked on 6/18/08, 4:18 pm

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

Re: son omitted from grandma's will

You can file for letters of administration as the personal representative of the estate. Then with the power of the court you can see if there was a later will or not. Your son can quitclaim his interest in the home and when the property is transfered, if it is transfered in kind, you will be a tenant in common and be entitled to live there, assuming your son is not a minor. The situation is more complex than you are aware. You should obtain legal counsel, and if you can become the personal representative of the estate. A will that is not probated is nothing at all. If no will is probated, the house will go by intestacy, in equal shares to each of her children.

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Answered on 6/21/08, 5:34 pm


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