Q: My grandmother's will states that her house will go to my daughters who are 11 and 14.
The person over the house and funds when the house is sold is my cousin. The will places him as the advisor over the estate until my daughters are 21. The money must be used to take care of my daughter's needs. If there is any money left over when they have each reached 21, then the money goes to them. Should I contest my cousin being the advisor? Explain how this works.
A: Is the Testator deceased? If not, then there is no probated Will. If deceased, then the Will must be Probated to have any effect. If no Probate, then the house goes to the heirs. If the cousin is the executor and trustee, then it sounds like a decent devise. To remove an executor, you need alot of grounds, and you have not stated any.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
