QUESTION
Can anything happen to save my property, which was previously mine and of my brother?
Asked on Feb 12th, 2014 on Estate Planning - California
More details to this question:
My grandparents are alive and they want to give share to my aunty. As my father has already passed away, and we are two, me and my brother. But recently, my grandparents has changed their mind and shared 33% to my aunty who is married. Can I see their will? Can I do something to change it? Can I take a stay order from court? Please help.
10 ANSWERS
The facts you state are confusing. How was the property previously yours? Do you merely mean your grandparents had said they would will it to the two of you and have now changed their minds? You can not require them to show you their Will nor force them to divide the property as they want to if they own it.
Answered on Feb 18th, 2014 at 6:12 PM
You have no right to see a will prior to the death of the person who wrote it. The property belongs to your grandparents (I assume) and they can leave it to or share it with whomever they choose. At best you may have a future interest in the property but nothing you've written indicates that you have any claim on the property right now.
Answered on Feb 18th, 2014 at 11:21 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If the property is in your grandparents name its NOT yours and you can do nothing.
Answered on Feb 18th, 2014 at 11:20 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, you can do nothing. It isn't your property. It is your grandparents' and they can give it to whomever they want. Having said that, if your grandparents are incompetent, you might be able to challenge the will in the future.
Answered on Feb 18th, 2014 at 11:20 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You are not entitled to see the Will nor to change it. If your grandparents want to leave 100% of their estate to your aunt or to the Humane Society, for that matter, they are absolutely free to do so. There is no requirement that they provide for you or your brother, regardless of what seems right and fair. It is completely up to your grandparents. If they do not have legal capacity, (which is obviously a question of fact in your case and any other case like this), then a court can intervene. Hopefully, your grandparents have met with an attorney to make sure that their wishes are expressed through a properly established estate plan. That is the best you can do.
Answered on Feb 18th, 2014 at 11:20 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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As I understand your question, your grandparents own property. They can leave that property to whomever they choose. You have no right to see their wills. You can certainly try to change their minds about the bequest to auntie, but be careful people who get too vocal about somebody else's will sometimes end up disinherited altogether.
Answered on Feb 18th, 2014 at 11:20 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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An individual can change their Will and the beneficiaries of their estate under a Will at any time. If assets were transferred to your father and the transfer was complete, meaning your grandparents no longer had or controlled the property, then your grandparents do not have the ability to take it back. It does not appear that your grandparents made an actual gift to your father. The gifts were contemplated in a Will and can be changed by changing the Will. If your father was a beneficiary under a Trust the Trust can also be amended unless the Trust is or became irrevocable.
Answered on Feb 18th, 2014 at 11:19 AM
3 Awards
Your question is not clear. If the property is owned by your grandparents they can give it to whomever they choose. It that is not the case repost your question or meet with an attorney to address the specifics.
Answered on Feb 18th, 2014 at 11:19 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the assistance of a probate litigation attorney determine your course of action with reference to your claimed disposition.
Answered on Feb 18th, 2014 at 11:18 AM
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If it is your grandparent's property, they are free to do whatever they want with it as long as they have legal capacity to do so. You are not entitled to see the will. If your father's name was on the property already, you need to see a lawyer to protect your interests.
Answered on Feb 18th, 2014 at 11:18 AM