Legal Question in Wills and Trusts in California

My friends father died in april 2009 in n. calif. He was moved up there by his oldest sister in dec 2008 and wrote up his will in jan.2009 naming this same sister as exec.

he was allowed only minimal contact until his death by phone.

Before he moved north he had lived in his home in garden grove for over 30 years. my friend has lived there for the same time (still does). The estate is to be divided 3 equal ways after debts and bequests are paid. My friends sis (the exec) now has told my friend to move out so she can rent the home (not sell) to her son for only minimal amt. (this person has no job). where does my friend go? he has no money. has lived in the same place for over 30 years. does exec have to sell house so he can recieve anything. I have a copy of his will and there are 7 specific monetary requests. all my friend is to get tho is 1/3 of whats left.

Asked on 8/08/09, 1:12 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

"all my friend is to get tho is 1/3 of whats left." How does the will define as "whats left?" Does that mean your friend get 1/3 of all his father's estate or only 1/3 of a portion of it? You should tell your friend to consult with a probate or estate lawyer. This could end up in litigation since the executor may have to sell the house to pay off your friend's share.

Larry L. Doan, Esq.

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Answered on 8/08/09, 11:23 pm

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