Q: How many probates will I need to receive inherited assets from my grandfather if my father and mother are also deceased?
My grandfather died many years ago. In his will, he left all of his assets to his two sons, one of which was my father. My father passed away, leaving all of his assets to my mother. My mother passed away, leaving all of her assets to her three children. 25 years later, we discovered that Grandfather had a large account overseas. None of the wills were contested. How many probates must we go through in order to distribute Grandfather's newly-discovered assets? We live in California.
A: I have a case right now in which I had to re-open a probate from the 1970s due to assets owned by the decedent in Hong Kong. Of course, 40 years later, there were several probates and trust distributions that had taken place of the decedent's original beneficiaries. Your case appears very similar. In your situation, if the asset requires an ancillary probate in another country, you need a probate in that country. Then, depending on the particular requirement of the foreign country to prove the probate in California, the foreign asset would be transferred to the personal representative in California, where the grandfather's probate would transfer the asset to his two sons. In your case, the asset would be transferred to the personal representative of your father's estate or trust. Your father's estate plans would then be carried out. His own inheritance is separate property in California. So, without knowing your father's estate plans, I cannot comment on where his separate property would be distributed. Perhaps your mother is the beneficiary. If so, then those assets would be distributed to your mother's personal representative. Again, I do not know your mother's estate plans. Her personal representative, whether by probate or trust, would distribute the assets to your mother's beneficiaries.
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