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Grandmother passed away - Fight over estate

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JenniKolb68

Junior Member
California -

My grandmother passed away recently. I know she spoke of a will, and what she wanted to leave everyone. My uncle is not wanting to give anything to anyone, even my mother, his sister, eldest of the two. How do we find the attorney or what process does she need to do, to get help with this? My grandmother's house will bring substantial money once it is sold. Mother lives in Montana but will be traveling to CA. The house is located in Burlingame. Any help would be appreciated.
 


curb1

Senior Member
How long has it been since your grandmother passed? Your uncle probably doesn't have the authority to "give anything to anybody". Communication is very important at this stage. Avoid conversation that will drive a wedge in cooperation at this early stage. When uncle was politely asked if there was a will, what did he say? When uncle was politely asked how things are going and how everyone can help, what did he say? At the funeral did everyone get along? Has the process of probate been initiated?
 

MillionaireLost

Junior Member
I would say you need to determine which state she filed the will in (she might have had one for many years and never said anything), as well as if the will was ever updated. The state the will was filed in supercedes the state she died in, as far as the law goes.
I was able to get as far with my case by talking to an attorney pro-bono. If you income qualify, and the estate is worth < $500,000, then it doesn't hurt to see if free legal aid is available in your area to help you. Good luck.
 

anteater

Senior Member
I would say you need to determine which state she filed the will in (she might have had one for many years and never said anything), as well as if the will was ever updated. The state the will was filed in supercedes the state she died in, as far as the law goes.
I'm sorry, but what do you mean by "filed?" Some states provide for the deposit of a will with the court while the testator is alive. However, few people use the option even if it is available.

But, even if the will was deposited, that does not determine where probate should take place. It is the state in which the deceased was domiciled at the time of death, which tends to be the state in which the deceased died.
 

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