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, 4:34 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

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Re: son omitted from grandma's will

Wow! That's a lot of info to digest and process on just a BBS. Many of your questions return with an "it depends" answer. I doubt your sons can transfer their ownershio as you describe, but it can be done in other ways to come to the same result as it appears you are looking for.

It sounds like the house has fallen into disrepair since your mother's passing, this may give you grounds for other causes of action.

Your third child may be a pre-termitted heir, but without checking, I do not recall if that extends to grandchildren. You have a good argument for it because of how your other two sons are being treated, but nothing is ever certain in law.

Your situation is somewhat unique, but I do believe we can assist you. Please take a moment to learn a little about us on our firm's site No-Probate.com and, if you would like legal assistance, please feel free to contact me at the number provided by LawGuru or through our website.

Scott

Answered on 6/18/08, 5:02 pm

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