Legal Question in Wills and Trusts in California
My son's friend's aunt recently died. There was no will and supposedly her sister was appointed the executor of her belongings. Everyone in the family knew the aunt wished for her nephew to inherit her 2 cars if she died. The sister was aware of the wishes but is now saying she will keep both cars. The nephew is 18 years old. Is there anything he can do?
2 Answers from Attorneys
At the age of 18, he should be asking these questions himself; he knows the facts better than you and words always get changed in transmission. It is nice of you to care but this is something he should handle himself.
Not withstanding the above, a person is only an executor if there is a Will. If there is no Will but someone files for probate [anyone with an interest in the assets can], the Court appoints an administrator. Peoples wishes are not legally binding as to Wills or estates. If there is no Will, all of the deceased's property passes by the state law of intestacy--generally first to a spouse, if none the person's children, i fnone to the parents, sibling...It appears that the sister may be the only one who inherits anything, in which case she clearly gets the cars. Unless their is a trust or a Will, the nephew looks to be out of the picture.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
I agree with my colleague. The deceased could make a current gift of her cars during her lifetime. However, in order to leave them to someone after her passing, the deceased needed to prepare a written will. In the absence of a will or a living trust, the deceased's estate will pass under California's intestacy laws. You should consult your own attorney to protect your legal rights.
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