Legal Question in Wills and Trusts in California
Will in California
My Grandmother passed away August 2007. In her will she left her estate to her only surving child who unfortunately had a stroke shortly after my Grandmothers death. She died in early November before the will was ever filed with the court. My Aunt did not have a will, and never married norr had any children. My Grandmother's step-niece has possession of the will and has not turned it over to the court. She says she needs it so she can be appointed executor since she lives in California, and the only living relatives are my Grandmothers sister who lives in Idaho. Who should be appointed executor? Who is to inherit the remiander of the estate IF there is anything left after all debts are paid?
Thank-you!
4 Answers from Attorneys
Re: Will in California
You have two estates here. Since Aunt was alive when Grandmother died, presumably Aunt was the owner of the estate left to her by Grandmother and an executor would need to be appointed to carry out the bequest from Grandmother to Aunt. Aunt's estate then needs to have an administrator appointed to handle the intestate succession, and the rules of intestate succession would apply (you did not provide enough information as to Aunt's surviving relatives). If there is property in California a probate would need to be opened in California. Probably the same individual would be appointed as Grandmother's executor/Aunt's administrator. Step-niece would be ordered to submit Grandmother's will to the court. The executor/administrator then distributes the state to Aunt's closest relative(s). The order of succession of relatives for purposes of intestate succession can be found in the Probate Code (www.leginfo.ca.gov).
Re: Will in California
The answer of who inherits depends on the terms of the will, the dates of death of both, etc. The estate can be probated by any interested party. If there is real estate, the probate as to that property is in the State in which the property is located. If not, it is in the State in which GM was resident at the time of her death. If both, then in both States. Once the personal representative of the estate is appointed, that person can use the power of the court to obtain the will and to thereby determine its validity judicially. If valid,it will be followed. If not, the property in the estate goes by intestacy. The same is true for the estate of the aunt, but until the GM's estate is probated, we don't know what is in the estate of aunt.
Re: Will in California
Probably both of you. But first things first. If you aunt didn't survive your grandmother for a long enough period, your grandmother's estate would control. If she did, the her estate would collect from grandmother's and her will would control. If she doesn't have a will then beneficiaries would be determined through intestate succession.
Re: Will in California
As an intestate heir, you may apply as executor or estate representative. If you retain an attorney, then you need not appear in California for the probate needs. Contact me directly.
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