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 can she do.
2 Answers from Attorneys
This is going to need to be brought before a Probate Court for the Judge to Order the Public Administrator to honor the holographic will. Unfortunately, there is probably not going to be much of a shortcut as it sounds like you have exhaused the non-Court procedures; of course it can't hurt to have an attorney try to send a formal demand letter. Sometimes they will respond differently to an attorney than the actual beneficiary. Be happy to provide assistance.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
I need to review the will. Unfortunately a certified copy of the death certificate is needed for distribution by declaration. You may need to have it probated. Contact me directly.
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