Legal Question in Wills and Trusts in California
No Will, but Email stating wishes
My father recently died w/out a will. I have 2 sisters who are both on disability and have bankruptcies and numerous ''issues.'' Nine days before dad died he sent an email that said he was setting up a revocable trust and naming my as beneficary. He said, ''Instead of being the executor, you would be named the benefciary and would immediately own my estate. With you as the owner, the conflicts between your sister should be minimized. I realize this will put in in the middle but I know everybody trusts your judgement, impartiality and decision making.''
I'm wondering if there is any weight given to this email as one of my sisters is demanding to be a co-executor which will lead to the other making the same claim.
I want to honor dad's wishes and be executor. So, bottom line does his email make a difference?
Thx
SS
2 Answers from Attorneys
Re: No Will, but Email stating wishes
If competing petitions for probate are filed this will certainly add weight to your petition. I suggest you look to hire an attorney who is a certified specialist in probate law. There is a list on the state bar web site. Or you can call me because I am a certified specialist! Good luck! -John
Re: No Will, but Email stating wishes
although it has no certain legal effect and is no substitute for a properly drafted and executed will and trust, this email may be of some evidentiary value in attempting to be appointed personal representative of your father's estate by the court. there are many issues raised by the facts stated in your question and it is most unfortunate that your father did not complete an estate plan before he died. you will need to retain a qualified attorney in the county in which he died to provide you with advice and to file a petition for probate.
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