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I found my grandparents will. My mother never gave me or my cousins our inheritance. She kept the $200,000 and hid the will.

Costa Mesa, CA |

There are 2 separate wills I didn't know existed. They are over 15 years old. I was to receive 10% of their estate, doll collection and some furniture. She would brag that she earned every penny of the $200,000 left by them. My mother hid the will and never distributed my portion to me or to my cousins. She is 75 and has a family trust which I have been disinherited from. Can I sue her for what I never received now or wait til she dies and sue the family trust that I am disinherited from?

Attorney Answers 6

  1. The question is not how old the wills are, but how long it has been since your grandparents passed away and whether the wills you found were the ones in force at the time of their deaths.

    If you still have rights that are not barred by the statute of limitations, you would need to pursue your claims now, and not wait until after your mother's death.

    I strongly suggest you contact an attorney to help you learn if your claims are viable.

  2. There is more information required; how did your mother access the $200,000, as that amount exceeds the maximum permitted to transfer under California law without a probate; was she a signer on the account, for example?

    If the account was joint tenancy, the will would not control.

  3. I suggest you seek the services of a probate attorney on this. When did your grandmother pass? You could possible sue her for recovery of the amount owed.

  4. There is a difference between rights and ability to pursue those rights. There is no bar to the time to file a petition to open probate. If you have discovered the original will, you can lodge it with the court and petition to be named administrator of your grandmother's estate. You can pursue an action in probate to determine the ownership your grandmother's assets. Here is where it gets uncomfortable. Banks only keep records subject to discovery for 6 years so you will be unable to determine your grandmother's assets in deposits. You will have to prove the will and the witnesses may not be alive after 15 years. How are you going to be able to identify your grandmother's assets after 15 years with sufficient proof that they were hers. If your mother's trust is revocable you can seek recovery of the assets transferred to the trust (belonging to your grandmother) but you have to prove they were intended for you and that the assets belonged to your grandmother.
    Unfortunately, the longer you wait to seek the court's assistance the tougher it gets to obtain evidence and witnesses. Sit down with a probate attorney, show them the proof you have and the will. They can discuss your options with you and guide you in whether your pursuing this matter is worth while.

    Nothing contained in the information on this web site is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. This web site is intended for educational purposes only. Michael R. Weinstein, is licensed to practice only before the courts of the State of California, and is admitted to practice before the United States District Court for the Central District and the United States Cou rt of Appeal for the Ninth Circuit. No information contained herein is to be considered applicable to legal matters in domestic or foreign jurisdictions outside of the State of California.

  5. I agree with Mr. Perry’s statements and have a few of my own. It is entirely possible that any property your grandparents left was either distributed under a different will or without probate such as through the family trust.

    I would not make the assumption, as you have done, that you are entitled to anything from either of your grandparent’s estate based simply on the contents of the wills you have discovered.

    If you intend to take any action, you need to do it now. IMO, you will need sufficient funds to pursue any action. It is not the type of case most attorneys would take on a contingency. Good luck.

    -- Michael

    Michael R. Daymude, Attorney at Law
    Sherman Oaks Galleria – Comerica Bank Building
    15303 Ventura Boulevard, Suite 900
    Sherman Oaks, CA 91403-3199
    (818) 971-9409

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

  6. You need to bring an action immediately for two important reasons. First, there is a concept in law called laches. The concept is that if you know you are wronged and wait a long period of time to bring an action you are barred by that passage of time. Your claim arose when you found the wills.
    Secondly, you mother may spend all of her money before she dies, so there would be nothing to collect against.

    Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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