Legal Question in Wills and Trusts in California

my grandpa passed away in november

my grandparents raised me till i was 15. i am 31. my mom is deceased. so is my grandma. my grandpa dies in november of 2008. my aunt has some sort of power of attorney, i know for sure w/ his health issues and she cared for him the year prior to his passing. i have s/w her a few times and she keeps talking about all of these home improvements they are making and i know the house has been transfered to her and hewr husbands name in early april. not once has she said oh your granddad left you this or that or anything. not even the material keepsakes. what do i do?


Asked on 6/05/09, 6:34 am

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: my grandpa passed away in november

this depends upon whether or not your grandfather had a will or trust, in which case the distribution provided in the document will control. if not, then assuming your aunt is the only living child of your grandfather and there are no other deceased children of your grandfather, you should be entitled to 1/2 of all of your grandfather's estate as the only child of his deceased child (your mother). you should retain an attorney in the county in which your grandfather resided at his death to represent you.

SEE California Probate Code Sections 6402 and 240 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

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Answered on 6/05/09, 11:12 am
Robin Mashal Century City Law Group, APC

Re: my grandpa passed away in november

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. The answer will depend on whether your grandfather had an estate plan (such as a will or living trust) in place before he passed on. If he did, his properties would be transferred according to his wishes. If he did not, then someone needs to start a probate case and the court will decide how his properties will be transferred. You should immediatley consult your own attorney to protect your legal rights.

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Answered on 6/05/09, 4:56 pm


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