Q: What is the best plan of action to get my grand mother's home back in her name?
My grandmother's late friend (Canadian citizen) put my grandma's house in his name in the 80s and paid it off for her. They dated until his death in 2021 (I thought they were married but turns out he has a wife in Canada). He left the house to my grandmother in his will but of course it's a Canadian will. His brother (Canada) is the executor and they have been dragging their feet on probating the will. They mentioned that they could assign my uncle (California) as the executor but our only concern is the house. How would this work? We just want this over with and we have no clue the next steps to take seeing as how it involves a will from another country and California property.
A: To regain ownership of your grandmother's home, which was put in her late Canadian friend's name, consider the following steps: Consult an attorney specializing in international estate matters, familiarize yourself with Canadian and California laws, contact the executor of the Canadian will to discuss probating and potential assignment of your uncle as executor, gather relevant documents, and be prepared to take legal action if necessary. Maintain open communication throughout the process.
A: Even though the property is in California, because the will was created in Canada and likely governed by Canada laws, you will need to consult with a Canadian attorney as to how to move the administration of the will forward through the Canadian courts. You should also consider consulting with a CA trust administration attorney in the event there is a way to administer the estate in CA or try to move venue to CA.
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