Q: California: In hoarder cleanup for deceased, only will we found was from 1988 that doesn't reflect current $1M+ assets.
I'm pro tem administrator with probate hearing in August. Home is fully paid for but damaged, furniture is trashed, but estate accounts worth about $1.2M. Decedent left one valuable item to a friend, but had a falling out & haven't spoken to that friend since at least 2013. Now only 2 surviving relatives: me and another (who moved away to another country) to whom decedent hasn't spoken in 19 years. I don't want all the money, even if relative was mad at the other survivor they're still family. But I think half is fair, since I stayed in regular touch with decedent and was basically the only family or friend they had as mental illness worsened. Can I petition to have estate divided evenly between myself and other survivor, overriding the will, since will is so old? I'm nervous to ask my attorney. Unsure whether attorney's job is to represent the estate's interests, or mine. Obviously old will MUST be reported to court, but will I need a 2nd atty to contest the will?
A:
It’s the job of the attorney for the executor to help the executor in carrying out his or her duties as executor. If you’re in doubt about what those duties are, re-read the Duties and Liabilities form you signed when became executor. It’s the job of the executor to carry out the terms of the decedent ‘s Will, not to re-write it. It would be entirely inappropriate for you to seek to contest the Will that you are charged with enforcing. You cannot seek to establish the validity of the Will while simultaneously trying to invalidate it, but perhaps I misunderstood your question.
May I suggest you simply take what you’re entitled to under the Will, and after the probate is over, if you choose, to give away part of it to whomever you choose.
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