Legal Question in Wills and Trusts in California
My wife recieved a Holographic Will naming her the sole beneficiary by the decedent who have no living relative. Amount of inheritance is approximately $12 to $15,000. The estate was originally in the hands of a Nursing Home facilities where the Decedent died. My wife followed the requirement of California Probate Code Section 13100-13116 but the Nursing Home refused to transfer the said estate. After sending a demand letter and notice of filing a petition the Nursing Home said the estate has been turn over to the Solano County Public Administrator who now refuse to transfer the said estate to my wife because she is not a relative of the decedent. Solano County Public Administrator refuses to recognize the validity of the Holographic Will. Does my wife still entitle to her inheritance? What cazn she do.
1 Answer from Attorneys
The named bendficiary in a valid Will is entitled to the assets described whether or not they are a relative, Find out from the public Administrator if they are holding the money for any reason but that your wife is not a relative; if that is the only reason, demand that they send immediately to you the legal basis they claim entitles them to withhold the money from your wife. Inform them that if they do not turn over the money, you will have to probate the Will [anyone can start a probate] and will ask that you be appointed administrator. You will then demand the money from them as administrator and lif they do not comply will ask the Probate Court to hold a hearing as to why the PA should not be held in contempt, ordered to turn over all funds, and have to pay for the costs of the petition and all the probate expenses. You could also hire an attorney to contact the PA as an attorney's letterhead often gets more response.
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