Legal Question in Wills and Trusts in California

estate

My grandmother passed away and my uncles pushed their way in and took over things. There is no will, trust and its not in probate. Now they refuse to give certain people in the family, including myself, things I bought her. What are my rights? And what can I do to get my things?


Asked on 9/20/03, 9:14 pm

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: estate

The question is why the still your things. It depends on when you bought them and what was the intent when you gave them to her. If they were guess there are than they became hers out right and you have no say in what happens to them. Basically, if she died without a will it would go by what is called in Penn State succession. Her husband if he is still alive would be the first to inherit. If he is not alive her children. If your mother or father, whoever is related to your grandmother has predeceased her, then you and your siblings would take that parents place. If that parents hasn't predeceased their mother and still alive, they have rights in the estate as well as your uncles which can be protected under the law. Without additional facts I cannot advise you other than to say based upon your question you gave the stuff away and you have no right to it anymore. Your mother or father may be able to retrieve those items for themselves and if they wish to get them back to you than that is their paragitive. I am in the San Francisco Bay Area if you wish to consult with me my phone number is 95 -- 945 -- 6000.

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Answered on 9/20/03, 10:15 pm


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