Legal Question in Wills and Trusts in California
Transfer of Property to Executor
My Grandmother died last spring. My cousin is executor. After Grandma's death she put my grandmother's truck into her name saying that grandma had ''given'' it to her son. She has no documenation of this gift. My understanding is that at the moment Grandma died everything became part of the estate and that all the heirs would have to give permission to have any property distributed. In fact, according to the estate's attorney, we will be given an inventory and asked if there is anything on it we would like to receive. Am I wrong? If not what recourse to I have to have this vehicle included into the estate now?
1 Answer from Attorneys
Re: Transfer of Property to Executor
Unless there's written proof, or the truck was registered jointly with the son, the truck should be part of the probate estate if it was registered to your grandmother alone. The executor may have breached her fiduciary duty, and her attorney should know this.
Your option is to file something with the court asking for an order transferring the truck back to the probate estate. You'll have to weigh the costs of such a filing against the benefit to you as a beneficiary of the estate with the truck included.
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