Q: I have been left my grandfathers home in his will. I asked the city if I can file the document to be on record in person
They told me when there in person I did not need to. I am now reading that’s not true and I needed to file it within 30 days. One of his children of my aunt has filed for probate to be executor of estate, She knows I have his last will and testament but is ignoring it. The home is in process to be transferred to me by mortgage Co per their instructions because I submitted all the paperwork they asked for (proof)in order to be the beneficiary on home, plus it was previously recorded that my grandfather had given me permission to deal with his finances for home to prepare for this. Anyway I have been paying mortgage and all finances, looking for lawyer for probate ct on 27th am I too late can they ignore my grandfathers wishes on will n just file for probate even knowing I have a will. Any info helps I am going to probate office in San Jose ca now to make a fuss about not being able to file the will originally when I requested right after his passing in May.
A: If the property was solely in your grandfather's name, then the only way it can pass to anyone is through a probate action. If you are in possession of your grandfather's original will, it is your responsibility to "lodge" it with the Santa Clara County Clerk within 30 days. I don't see how the mortgage company could be transferring the property to you unless there was a trust in addition to the will which named you as beneficiary and successor trustee. Any authority under a power of attorney would have ended when your grandfather died. You need to contact an attorney ASAP who can look at all of the documents and determine the best course of action. If there is no trust, it is critical that the will you possess be entered into probate ASAP. That should be done by the person designated in the will to be the executor.
A: It's still not too late to file the original Will with the Santa Clara County Superior Court at 191 N. First Street, in San Jose.
The statute says 30 days but there is no penalty for failure to file within that time. You said that someone from the city informed you. Perhaps you went into a city government office instead of the county court. If the Will is valid (that's what probate is for), your grandfather's wishes will be carried out. You also have the right to independently petition for probate and to seek admission of the Will and to be named as the executor of your grandfather's estate. If you want to talk to a probate attorney about making an appearance for you on the 27th, please give me a call.
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