Legal Question in Wills and Trusts in California
My aunt died in April 2009. I was named in her will. Distant relatives, for whom she has no blood relation, are trying to blackmail me into giving them something in exchange for what is willed to me. They have already proven they can't be trusted by violating a previous written agreement. I was very close to my aunt for 35 years and never met these "relatives." She got desperate and chose them as POA/Executor as I had moved. Do I have any rights in this matter? Backstory/details of ten minutes will be necessary in order to make sense of this.
I think a letter with an attorney's letterhead might solve the problem, but I need to be sure I am looking at this objectively.
1 Answer from Attorneys
I think you DO need to have a discussion with an attorney in this regard. A simple letter is unlikely to resolve the entire matter. You noted that the distant relative was named as "Executor". This means that there was a will. Presumably there are sufficient assets in your aunt's estate to require a probate of the estate.
If the estate needs probate the currently named executor may play an ongoing role. Alternatively, if no probate has been opened it is possible for you to initiate the probate.
Long story short, you should find an attorney to have this discussion. Depending on the facts of this case I may be able to handle this matter if it is in San Luis Obispo. If there is a probate it will likely be in the county in which your aunt resided upon her death.
Let me know if you want to discuss this.
Caleb
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