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need copy of will and advice on action

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cealmeida

Junior Member
What is the name of your state? MI, but question applies to CA

My grandfather passed away in 1997 in Hermosa Beach, CA when I was 17 years old. At the time it was my understanding that my mother and uncle were the beneficiaries and that his estate was divided equally between them. My grandfather owned a house in Hermosa Beach which my mother and uncle sold and divided up the money between them.

Just recently I have discovered that my grandfather actually split his estate 6 ways, between his two children (my mother and uncle) and his 4 grandchildren (all minors at the time). This is new information for me and I am not sure how to procede. My mother tells me that she used the 4/6 of the estate that was entitled to her, me and my two sisters (both younger than me) to pay of the mortgage on her house. She claims that we all discussed this decision, but my sisters and I don't recall any such conversation. The remaining balance on my mother's mortgage was less than the amount of money from the sale of my grandfather's house, so the rest of the money is supposedly in an account in my mother's name. She claims to have only used the money to pay school bills for us when she couldn't make ends meet.

My mother is not giving us answers to our questions and none of us know how much money we were entitled to originally, nor how much is left after the money she spent on our school bills. We also don't know how much money is tied up in my mother's house. My sisters and I are all legal adults now and want to know what our rights are in this matter.

Question #1: Where can I get a copy of my grandfather's will to verify this info?

Question #2: How can I find out how much my grandfather's house sold for?

Question #3: How can I get an accounting of what my mother has done with the money from my grandfather's estate?

Question #4: If we cannot resolve this matter personally, what action should we take, if any?
 


Dandy Don

Senior Member
If you live in the Los Angeles area, you can visit the courthouse to look at the file in person or order copies by mail or by phone by calling (213) 974-5471.

Was mother the executor or was someone else?

She was probably supposed to put this money in trust for her children and if she did so she is technically not supposed to have access to the money. Since she is not providing answers, you will need to get your own attorney to look at the file and figure out what happened, but as beneficiaries you all are entitled to an official accounting and information about where your money is held, and your attorney can get that for you.

I doubt that any type of legal action will be necessary unless she stole from the heirs. After your attorney asks for the accounting, she will get nervous and fearful that she has not acted correctly and that should prompt her to provide the information you want and then either give heirs their checks or your attorney can request that she set up the money in a trust account that she can not get access to.

DANDY DON IN OKLAHOMA ([email protected])
 

cealmeida

Junior Member
selling price of property

Thank you for your reply. I will contact the LA courthouse and get a copy of the will, as I am living in MI at the time.

I am not sure if my mother was the sole executor, or if she and my uncle shared that role (if that is even possible, I don't know). I believe, however, that the money was not placed in a trust for my siblings and myself, because she had access to it and actually used a large portion of it to pay off the mortgage on her house.

The other thing I would like to know is, how can I find out how much money my grandfather's house sold for: Or is there any other way to determine the total value of his estate? That info would allow me to calculate the amount due each of us (1/6 of the total value for each of us).

Thanks for your help.
 

Dandy Don

Senior Member
If you know the address of the home and/or the current owner, then contact the local county land records office (many counties have this information online or at computers you can use at the courthouse) or property tax assessors office, which will usually show properties and how much they are worth.

DANDY DON IN OKLAHOMA ([email protected])
 

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