Legal Question in Wills and Trusts in California
will not being fallowed
I was caregiver for my mother and witnessed her codicils and such being notorized. Will stated that 100,000.00 Money Market acount must sit for 5 years. After 5 years the original 100K to be split between my sister and step-brother...interest earned would be divided equally with step-sister and I. Account was cashed out and sis and step brother refuse to make good. Met with my sister and she said she would put her share into her house and re-finance at 5 years to pay me the interest. Now refuses to do so. Not sure if will was even filed. Sis and step-brother were co-executors. My sister and I agreed that we would handle our half between ourselves and let the ''steps'' deal with the other half. Can sis be held responsible for our agreement? I drove 1000 miles, met with sis face to face and we made our agreement. Now that we are nearing the 5 year mark she says that I'm not getting a dime from her. What are my options?
2 Answers from Attorneys
Re: will not being fallowed
If the money market account was held jointly or had a payable on death provision indicated for the account -- it is not an asset subject to the Will or probate.
If you believe that your sister should have submitted her Will to the court, you need to seek counsel. If you have original Wills and Codicils in your possession, you can open probate.
Again, I hate to say seek the the advice of counsel, but in these circumstances, please do.
Re: will not being fallowed
The problem is also that you may be talking too little money. If it was a money market account, you are looking at 5% of $5,000 per year. Since you are to only get half, you are talking about $12,500. No lawyer would be willing to do this on a contingency, but you could get your attorney's fees and other damages as a result of the breach of their responsibilities.
I am admitted both in Nevada and in California.
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