Can I execute my father's will and trust now that my grandmother has passed away?: My father passed away in 2006. I have a copy of his Will and Living Trust in which I am named as executor and sole inheritor. However, when I tried to execute his will my grandmother refused to respond to my lawyers at the time. I let it go, mainly because I didn't want a legal battle with my 82 year old grandmother. She just passed away and now I am looking to execute my father's Will and to find out whether she updated her Will and Trust and to execute that as well. I am unsure whether I would be named as an inheritor in her Will/Trust, however, I am very interested in reclaiming my father's estate. Both of their Wills/Trusts were created in California but she passed away and the location of both Estates is in Arizona.
Janet's answer: The first thing you need to do is find out whether you inherit your grandmother's estate or not ... the typical distribution pattern in a Will says something to the effect of "I leave my estate to my children who survive me. If any of my children fail to survive me, I leave that child's share to his or her children (issue)". But if your grandmother wasn't co-operative when your father died, it's entirely possible that she set up a different way to distribute her estate - she could have very well decided to disinherit you. Check with an Arizona estate planning or probate lawyer to see if you are entitled to any part of your grandmother's estate. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Does a person who inherite a home have to prove they can afford the payments: Both parents died with the house in there name But left a will stating the house was to go to their sole eir. He needs to change the deed to his name. How does he go about it. Also there are people staying there that he wants out so hw does he do this.
Janet's answer: If the house was in your parents' names (as opposed to in the name of a living trust), then if it is worth more than $150,000 you will need to "probate" it. The value of the house is measured based on what you would sell it for, not what you would receive after the mortgage is paid off. If you need help with the probate, I can assist you anyplace in the state of California. Assuming that the house is worth more than $150K, you need to file a petition with the court to be appointed as the "administrator" of your parents' estate. Once you've been appointed, you can serve an eviction notice on the people that are living there. Let me know if I can be of assistance. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Executors mishandling of probate in Calfornia: We have been dealing with an abusive executor who has compromised estate assets, failed to pay the estates share for community property upkeep, interfered and ruined none probate assets. Can we sue the executor after probate closes?
Janet's answer: No, once probate closes it will be too late - as part of the petition for final distribution the executor will ask the Court to "ratify, confirm, and approve" everything he's done. You need to file a petition with the Court NOW to have him held accountable for his misdeeds. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.