Montclair, CA asked in Real Estate Law, Probate and Estate Planning for California

Q: Are my 2 brothers & I entitled to my deceased estranged fathers half of my descesed grandmothers house?

My estranged father just passed away. My grandmother passed away about 4 years ago and she owned a home in California. The property profile lists my grandmother as the owner it actually states her full name and ends with Trust. My aunt my dads sister now lives in the home without reporting death of my grandmother nor changing ownership I'm guessing because up to date property profile still lists my grandmother as owner. We contacted my aunt and asked her about the house and she very rudely stated "My mom left me the house only" We think she's lying because there hasn't been any change in ownership like I said before property profile states my grandmothers trust. My question is are we entitled to my fathers half of the trust? And is it legal for my aunt to live there without ownership? Is it worth it for my siblings and I to look into it. How can we really know what my grandmothers trust states, how do we know for sure if my aunt is telling the truth? What should we do next? Thanks!

1 Lawyer Answer
Bahram Madaen
Bahram Madaen
Answered
  • Sunland, CA
  • Licensed in California

A: I believe you have to ask your aunt to produce your grandmother's living trust since the property belongs to her living trust. The request shall be in writing. Then you can determine what course of action you can take.

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