Legal Question in Wills and Trusts in California
estate
My grandmother died about 5 years ago and left my aunt as the executor of her estate. The will supposedly says that the estate was to be divided in thirds to each of her children - my aunt, my uncle and my dad. My dad was killed about 25 years ago, so his portion was to be distributed to his kids (there are 12 of us. Before my grandmother died, she gave me some scrapbooks and now my aunt is distributing portions of my fathers share to my siblings and threatening to withhold my share because she wants the scrapbooks. Can she do this?
3 Answers from Attorneys
Re: estate
Not legally. The scrapbooks are separate from the assets of the estate; if she gave them to you as opposed to letting you keep them for a time, you are the owner. Offer to make copies for her at her cost of the pages she wants; do not let her take the scrapbooks to make the copies or you may never see them back.
If your aunt wil not co-operate, ask he on what legal basis she will not; also point out that it should not have taken 5 years to distribute the estate and you could go to court and have someone else appointed to manage the estate and that person would not demand the scrapbooks back.
Re: estate
She can try, but she is legally obligated to give you your share of the estate.
Likewise, she'd have to bring an action in probate court to get the scrapbooks back, and would have to prove somehow they weren't a gift to you, which sounds like it'd be difficult to do.
It may be easier to work out a compromise like giving her copies of the scrapbooks--if it can't be worked out, though, she cannot withhold your share of the estate.
Re: estate
See chris johnson answer.
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