Apple Valley, CA asked in Estate Planning and Probate for California

Q: my grandmother passed 5 yrs ago and my aunt did a trust transfer deed. Iam a grandchild do i have any rights on property

My father passed away 12yrs ago, my grandmother passed away 5 yrs ago my father would of inherited her property, I just found out my aunt did a trust transfer deed on property in her name only. Do I have any rights to inherit the property? no will as far as I know of .

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: It is impossible to answer your question without reviewing a chain of title and also the trust instrument. After reviewing those items additional documentation may be needed, such as death certificates. Look for a probate and trust administration attorney in your area and schedule a consultation. Bring a copy of the trust with you.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: No one has an automatic right to inherit their parents’, grandparents’ or anyone else’s assets. I deal with this misconception all the time. Here’s how it works: People have the right to do whatever they want with their own assets. Including you! So, if someone wants to leave their grandchild an inheritance, that person can choose to do that. But if they don’t choose to do that, they don’t have to. That having been said, it is possible your grandmother left something to you, but the only way to know is to read your grandmother’s trust or will. If she did not have a trust or will, check to see if the matter was heard in the probate court in the county where your grandmother lived. If you don’t know where to go from there, hire a probate attorney to help you. Best wishes!

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