heartbroken from bad relatives!

[mariasarri]

California law. I will try and keep this short. I come from a loving and careing family. mom and dad married 60 years, perfect parents. Then theres me and my sister. My mom had a brother who died. He had not children only a wife. He left in his testament(will) his property to his wife and to my sister(as executor). My uncle had said to my mother that in his will he will leave his property to my sister and then she will give us our share. We were trusting her... BIG MISTAKE! The only thing we have is a letter(not will) from my uncle that says exactly that I give you that… in my will your sister has my will. Worth to take it legal? Can we proof something from his letter? (We are not living in USA) thank you.

 

[justalayman]

once property is given via will, unless there are restrictions also in the will, it is theirs to do with as they wish. You have no claim. What is in the will is presumed to be the testators intent.

 

[mariasarri]

ok, thank you! but what if i can proof that the testator's intent written on the letter i have is that he wants to give me something?

 

[mariasarri]

nobody? i want a good lawyer which has handled similar cases! Worth to take it legal?
this isn't fair! BAD relative!

 

[Ohiogal]

California law. I will try and keep this short. I come from a loving and careing family. mom and dad married 60 years, perfect parents. Then theres me and my sister. My mom had a brother who died. He had not children only a wife. He left in his testament(will) his property to his wife and to my sister(as executor). My uncle had said to my mother that in his will he will leave his property to my sister and then she will give us our share. We were trusting her... BIG MISTAKE! The only thing we have is a letter(not will) from my uncle that says exactly that I give you that… in my will your sister has my will. Worth to take it legal? Can we proof something from his letter? (We are not living in USA) thank you.

California seems to be the state with testator problems today. Everyone from there has a BIG MISTAKE!

 

[mariasarri]

anyway... if somebody can help me please send me your email or website(private). thank you in advance

p.s. I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

 

[Ohiogal]

anyway... if somebody can help me please send me your email or website(private). thank you in advance

p.s. I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

While you might quote my signature, I don't solicit clients on here.

 

[Just Blue]

nobody? i want a good lawyer which has handled similar cases! Worth to take it legal?
this isn't fair! BAD relative!

To quote another member:

Life is not fair, whomever told you is was should get a kick in the shin.

...or something along that line...

 

[mariasarri]

with a right lawyer can become fair

 

[Just Blue]

with a right lawyer can become fair

Have luck with that Dear.

 

[mariasarri]

luck is for the weak

 

[justalayman]

luck is for the weak

but that is all you have. The will is proof if the intent of the testator. Failure to alter the will to comply with some unenforceable letter you have is not a basis to contest the will. Uncle should have written the will to show what was in the letter was what he intended to happen with his property. Since he didn't, it is presumed that is not what he intended to do with his property.

 

[mariasarri]

but that is all you have. The will is proof if the intent of the testator. Failure to alter the will to comply with some unenforceable letter you have is not a basis to contest the will. Uncle should have written the will to show what was in the letter was what he intended to happen with his property. Since he didn't, it is presumed that is not what he intended to do with his property.

thank you justalayman, i received the letter, after the writing of the will... could this letter substitute or become something like a new will/testament?
in the letter my uncle writes that " i have written my will, i've given it to the sister. i gave to you this and that...."

 

[justalayman]

thank you justalayman, i received the letter, after the writing of the will... could this letter substitute or become something like a new will/testament?
in the letter my uncle writes that " i have written my will, i've given it to the sister. i gave to you this and that...."

ok, let's assume the letter does carry some weight (even if it doesn't).

Is his signature notarized? Is it titled as anything or is it just a nice friendly letter he sent to you?


and;

has his estate already been through probate and if so, how long ago?


actually, never mind. The fact he stated in the letter that the sister does have his will, that proves the letter you received is not a will in any fashion.

 

[mariasarri]

ok, let's assume the letter does carry some weight (even if it doesn't).

Is his signature notarized? Is it titled as anything or is it just a nice friendly letter he sent to you?


and;

has his estate already been through probate and if so, how long ago?


actually, never mind. The fact he stated in the letter that the sister does have his will, that proves the letter you received is not a will in any fashion.

yes, it is a friendly letter which shows only the intent of the testator even though it is not written anything else. it is also written that the sister has not behaved to him well.... that's all