Gandmothers will and probate questions

[Mike_D]

What is the name of your state? CA

My grandmother that I had been caring for in California recently passed away leaving behind one surviving sibling (My Aunt). Her two other children (my father and my other aunt) passed before her. Her will leaves the house and her possessions to all three children, presuming that they were all still alive. I have my fathers name, he was a Sr., and I am a Jr. The will does not specify the suffix Sr. or Jr. when mentioning his (or my?) name. The will just states the first and last name along with an address which was also my address at the time the will was drafted. My grandmother always told me that she wanted to keep the house in the family, however, my Aunt immediately sold everything that was in the house in a yard sale, and has placed the house up for sale, even though everything is currently in probate.

My question is, since my name is technically listed in the will, do I have any recourse as far the house is concerned?

 

[BelizeBreeze]

While you have claims to a 'statutory share' of the estate as 'pretermitted heir' you do NOT have the right to commit a fraud upon the court.

Who is the executor and have you filed a claim against the estate?

 

[Mike_D]

I am not attempting to commit any type of fraud. My grandmother had told me that she would like me to have the house but got very sick and was never able to change the will. I assume that my Aunt is the Executor and I have not filed a claim against the estate. What would I need to do? The Attorney that is handling this has been a family Attorney for a number of years. Should I speak with him about this, or would that be some sort of conflict of interest?

 

[BelizeBreeze]

I am not attempting to commit any type of fraud. My grandmother had told me that she would like me to have the house but got very sick and was never able to change the will.

Which means that the will, as written, stands.

I assume that my Aunt is the Executor and I have not filed a claim against the estate.

Then stop trying to find an angle and do what you can.

What would I need to do?

you either buy a book, ask the court clerk for a form to complete or hire an attorney.

The Attorney that is handling this has been a family Attorney for a number of years. Should I speak with him about this, or would that be some sort of conflict of interest?

You can speak to anyone but since he is representing the estate, he will most likely NOT advise you on how to contest or file a claim.