Hi my grandfather past passed away in 2003 he left a living will my uncle was the beneficiary of it in the living well there was nothing pacifically given to anyone it was just supposed to be divided. All the assets were sold and divided between us except for a a piece of property or a lot that has a office building with 4 appartments on top of it. My uncle said ehrn they decided to sell it they would give me my part of the money. Well they still havent sold it but for all these years have collect rent for the apartments and buisness building. I just would like yo know if i am untitled to any of this money
Unless you are named as a beneficiary of the Trust, anything you receive is based on the goodwill of those named as beneficiaries in the trust. I would tread very lightly here, as you may not want to alienate anyone.
See if you can get a copy of the trust to verify if you are named or not.
I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all, that is what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you have met online (and they tend to always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.
A living will is not a testamentary instrument, but deals with end of life issues. If there is a will and the real estate is in the name of your grandfather, then the will is probated and the property distributed to the beneficiaries per the will. If no will, then the property is probated and distributed to heirs, being spouse, if any, if none, then to children. You should get a copy of the title and see who owns it. If your grandfather left children and no will, they will inherit.
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