Agree with Robert -- there's nothing "automatic" about this situation. The house will go through probate and the disposition will be determined with reference to the size of the estate, the way the property is titled, the children involved, etc.
There are many ways to affect the transfer of real property after death: wills are one way, trusts are another, and there are various forms of deeds that can be done.
Your father really needs to figure out where he wants the property to go and to whom...
How do you know your grandfather has a trust? If you have a copy of the trust, it will spell out who the trustee is and what the trustee is supposed to do. If you do not have a copy, you need to get one and in California, if you are a beneficiary at all, you are entitled to a full copy of the trust.
In either case, I suggest consulting with California probate/trust attorney.
It's the RP's obligation to spend your money for your benefit and the RP is held to a high standard to do so responsibly... Why not find out if someone else wants to be the RP, then go to SocSec and see if they'll replace her?
The question is: Was your brother cheating or stealing when he entered into these transactions? If yes, he's in trouble. If he got fair market value for the properties and accounted for the transfers to all beneficiaries, he's probably OK...
Q: So is it up to the executor to keep us informed or the attorney to keep us up [?]
A: The executor. The attorney is prohibited by attorney-client privilege from discussing the case with you unless specifically authorized by the executor.
Here's the law:
700.5205 Court appointment of limited guardian; requirements.
(1) The court may appoint a limited guardian for an unmarried minor upon the petition of the minor's parent or parents if all of the following requirements are met:
(a) The parents with custody of the minor consent or, in the case of only 1 parent having custody of the minor, the sole parent consents to the appointment of a limited guardian.
(b) The parent or parents voluntarily consent to the...
Q: "Can I be sued for the money?"
A: This is America, you can be sued for anything. Not sure what your sisters' theory would be since the money was gifted "10-12" years ago and was a completed gift at that time.
I'd take a free consultation with a probate attorney in your area, just in case they do sue you, then you'll be ready to go. I doubt anything comes of it, but better safe than sorry.
Q:Will I be barred by any statute of limitions in probate because I am pursuiing such now?
Q:What is the statute of limitations for Florida?
A: Four or Five years. Here's a great case on point: http://www.floridasupremecourt.org/decisions/pre2004/ops/sc01-1157.pdf
Q: Is there anything that could be written as to discovery now as opposed to years ago that would let me pursue this rightfully as per my mom's wishes.
A: Maybe some extraordinary remedy would be available in FL,...