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California Probate and executor greed issue. Probate is over. Executor is taking 1/2

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CitznFish

Junior Member
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)

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.
 
Last edited:


Dandy Don

Senior Member
Was this will signed by witnesses? If so, by how many witnesses?

Blame dad for not having a properly worded will drawn up and reviewed by a probate attorney. Now your attorney and your aunt's attorney get to run up attorney fees getting this matter resolved. The language of this will is ambiguous.

You need your own attorney to represent your interests and to fight on your behalf. Aunt's position is out of line but perhaps through negotiation your attorney can get her to settle for a smaller fee.

I'm sure there will be other opinions rendered on your unusual situation.

DANDY DON IN OKLAHOMA ([email protected])
 

tranquility

Senior Member
You will need an attorney.

The validity of the will is in question. If the will is found to be valid, it is questionable to what it meant. The exact language is important. Language very close to what you wrote has been determined to be an inheritance completely to Sherry with her having no obligation to you or your brother.

An attorney can get you going. I bet you will probably want to negotiate rather than anything else, but get a professional who sees the exact wording to be sure.
 

CitznFish

Junior Member
Was this will signed by witnesses? If so, by how many witnesses?

Blame dad for not having a properly worded will drawn up and reviewed by a probate attorney. Now your attorney and your aunt's attorney get to run up attorney fees getting this matter resolved. The language of this will is ambiguous.

You need your own attorney to represent your interests and to fight on your behalf. Aunt's position is out of line but perhaps through negotiation your attorney can get her to settle for a smaller fee.

I'm sure there will be other opinions rendered on your unusual situation.

DANDY DON IN OKLAHOMA ([email protected])
The will was signed, I don't know about witnesses. I do know it was notarized. I do not have a copy, but I think I can get one from the ventura court house.

I have a scheduled consultation with a probate lawyer this afternoon. $250/hr which is crazy. =/

I have a feeling my brother and I are out of luck unless I can convince her to just accept less money. (yeah right)

THis was never the intention of my fathers will.
 

Dandy Don

Senior Member
Shop around for another attorney who will do the consultation for less than $250/hr. And you need to have the will with you when you do the first consultation, not before.
 

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