What is the name of your state? CALIFORNIA
Hello,
I found this message board via Google and I am really hoping I can get some advice.
My father passed away about 3 years and 9 months ago. He had a will, but it was basically 2 lines written down and notarized. My aunt Sherry was made executor of the will.
The will said this (possibly paraphrased a little by me, I don't have the exact wording at hand but this is very very close to the exact words)
The California courts (Ventura County) have accepted the will. There was no contention between anyone in the family about this will, until now.
Now that probate is over, my aunt is trying to take 1/2 of the money for herself.
The estate only consisted of 1 house, and the value was listed at $630,000.
The mortgage was 71K. My aunt took out another 40K loan to cover medical, court and burial expenses. After all the bills are paid, there is a net value of 512K left.
My aunt is trying to take 253K for herself. 1/4 (136K) for my brother and 1/4 for myself.
I have done some research and executors in Cali for an estate worth under 700K are only entitled to 17K or so. But my aunt is claiming 253K. I know this is wrong and she is being greedy. Her actions are also forcing me to move out of the home since I cannot afford to have a 512K mortgage. My fathers main concern was that I get to keep the house, however that is not explicitly stated in the will (as quoted above).
As executor and being granted power of attorney, I believe the house is now in her name. I have been paying 600/mo rent to my aunt for the past 3 years that I have been living in the house. I also paid for a new roof on the house and updated interior lighting. That 600/mo was to cover the mortgage payments currently due on the house. My aunt has paid the poperty tax and home owners insurance these past 3 years.
What are my options to decrease the amount of money my aunt is claiming she will take out of the estate?
Can she kick me out of the house if she finds out that I am disagreeing with the 253K she thinks she deserves?
How can I ensure that my brother and I , the rightful heirs, are getting the fair amounts we deserve?
I trusted my aunt and put my faith in her. Now it looks like she is just a greedy witch.
Am I screwed? Do I have options? What can I do to protect my brother and I?
Should I attempt to contact my aunt and resolve this? Or is that a bad idea if I have to pursue legal action?
Please help! I have not slept for more than a few hours after receiving this information over the weekend. I am physically ill at the thought of losing my dads home, and being taken advantage of by my aunt.
Thank you.
-CF
edit: fixed spelling errors.
Hello,
I found this message board via Google and I am really hoping I can get some advice.
My father passed away about 3 years and 9 months ago. He had a will, but it was basically 2 lines written down and notarized. My aunt Sherry was made executor of the will.
The will said this (possibly paraphrased a little by me, I don't have the exact wording at hand but this is very very close to the exact words)
I leave all my possessions to my sister Sherry who shall divide the estate up between my two sons as she sees fit.
The California courts (Ventura County) have accepted the will. There was no contention between anyone in the family about this will, until now.
Now that probate is over, my aunt is trying to take 1/2 of the money for herself.
The estate only consisted of 1 house, and the value was listed at $630,000.
The mortgage was 71K. My aunt took out another 40K loan to cover medical, court and burial expenses. After all the bills are paid, there is a net value of 512K left.
My aunt is trying to take 253K for herself. 1/4 (136K) for my brother and 1/4 for myself.
I have done some research and executors in Cali for an estate worth under 700K are only entitled to 17K or so. But my aunt is claiming 253K. I know this is wrong and she is being greedy. Her actions are also forcing me to move out of the home since I cannot afford to have a 512K mortgage. My fathers main concern was that I get to keep the house, however that is not explicitly stated in the will (as quoted above).
As executor and being granted power of attorney, I believe the house is now in her name. I have been paying 600/mo rent to my aunt for the past 3 years that I have been living in the house. I also paid for a new roof on the house and updated interior lighting. That 600/mo was to cover the mortgage payments currently due on the house. My aunt has paid the poperty tax and home owners insurance these past 3 years.
What are my options to decrease the amount of money my aunt is claiming she will take out of the estate?
Can she kick me out of the house if she finds out that I am disagreeing with the 253K she thinks she deserves?
How can I ensure that my brother and I , the rightful heirs, are getting the fair amounts we deserve?
I trusted my aunt and put my faith in her. Now it looks like she is just a greedy witch.
Am I screwed? Do I have options? What can I do to protect my brother and I?
Should I attempt to contact my aunt and resolve this? Or is that a bad idea if I have to pursue legal action?
Please help! I have not slept for more than a few hours after receiving this information over the weekend. I am physically ill at the thought of losing my dads home, and being taken advantage of by my aunt.
Thank you.
-CF
edit: fixed spelling errors.
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