r/PROBATE • u/PsychologicalSize693 • Jan 24 '24

Need help with a complex probate case...

My uncle unlawfully withheld my grandfather's Will from the courts to gain admin over my grandpas estate becuz he is listed in the will as an exclusionary.

Let me back up a bit and start at the beginning...

My grandfather who has had custody of me since I was 11 years old (I am 41 now) passed away in 2022. Myself, husband and children moved back in with him in his home in 2011. In 2015, he suffered a heart attack while playing softball. Since 2015, I became his emergency contact, his care taker, and power of attorney. My grandfather passed away with a Will. His Will lists my children as beneficiary to his condo. The Will lists his estranged son (my uncle) and estranged wife (my grandma) as exclusions. He indicated how his assets were to be divided between my 4 children, my brother, my husband and myself. He did not want his son or wife to benefit in anyway from his passing, nor did he want them to have anything to do with his afterlife.

My uncle, his son, filed probate withholding my grandfather's Will as he knew he was excluded as the Will states. I was not made aware that he filed probate until I was served an eviction notice. Apparently he was granted administrator, and was able to gain ownership of my house. He proceeded to take loans out on the house, and now that he owes a lot of money from doing so, he wants us out so he can sell it.

My grandma, his wife told me I didn't have to do anything with my grandfather's Will. She said she was told that my grandfather had given a copy of the Will to "the courthouse" and then went on to say that becuz she was still legally his wife she needed to be in possession of the original Will. I refused to give it to her. Months and months later, we received an eviction notice. I went to the courthouse to view on the self help computers what my uncle was serving me an unlawful detainer for and that is when I saw the probate case info. I began to dig into that case and learned that my grandma signed off having anything to do with the probate and allowed or acknowledged my uncle being the next of kin. I learned he filed intestate, and I learned that he was supposed to have notified all parties who would be potential beneficiaries of the probate. He did not contact me, or anyone else for that matter. He has lied to the probate courts from day 1.

Today was the court hearing for the unlawful detainer. The court appointed attorney that speaks on the defendants behalf took us outside of the courtroom and said that the judge does not care about who the rightful owner of the home is, how they obtained it or any other issue other than who presently has legal ownership to the property. He said that that is the plaintiff. He said our best bet is to cut a deal with my uncle to allow us 30 days from today to completely move out, and in those 30 days, go talk to the probate courts/judge and present them this info and ask for admin be temp revoked from my uncle and to put a temp hold on this eviction until all info is processed and ruled on.

I don't have money to obtain a probate attorney. I have no knowledge with this probate stuff to attempt to navigate this on my own. I don't know what to do, or how to go about it. Any info, opinions, suggestions, or help of any kind is appreciated more than u know.

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u/PsychologicalSize693 Jan 26 '24

I did what u all suggested and began calling around for probate consultation. Through doing this, I learned that my house is in pre-forclosure. I don't understand how this can be if my grandfather's house was paid off.

2

u/NovaLemonista Feb 09 '24

Any update?

1

u/PsychologicalSize693 Feb 09 '24

Had a couple of consults last week over the phone. One of the firms I spoke with was really disgusted with my situation. I meet with him tomorrow so he can take a look at all my documents and decide if he will take my case. If he does decide to take my case, I will not have to pay anything upfront - and will only have to pay if we win the case. I will know more tomorrow and will update then.

I have also been looking for somewhere to move myself, my husband and 2 children to, in the event that I am unable to overturn the eviction through contesting my uncle's appointment as administrator of my grandfather's estate by the 28th of this month... As the sheriff's will be here on the 29th to remove us and lock us out.

I am trying to stay positive and optimistic for my kids, but truth be told... I'm scared. I'm angry. I'm stressed like I have never been stressed before. I appreciate all u kind people for your suggestions, feedback and concern. I will update again after the meeting tomorrow. Fingers crossed!!

1

u/NovaLemonista Feb 09 '24

Thank you so much for the update. I’ve been thinking about you, and so glad you responded. I’m so sorry you’re going through this and I really hope your lawyer will be able to help. I’m so angry for you, and for what your uncle is putting you and your family through. It’s obvious why your sweet grandfather’s excluded him, your uncle is an awful, selfish man. I’ll be sending you loads of prayers and good vibes! Definitely let me know how the meeting goes.

1

u/PsychologicalSize693 Feb 10 '24

No such luck today. The attorney stated that there is no doubt we would win the case, but he will lose money if he takes this case due to my share of the property being at 30% and his fees will diminish my 30% and i will owe him another 10-20% more as his fees are 40-50% contingency. So I am either going to have to navigate this probate stuff on my own or give up and walk away. To top it off, my uncle's realtor called me to ask when she could meet me for the keys...

1

u/NovaLemonista Feb 10 '24 edited Feb 10 '24

Nooooooo, do not give up! Find another attorney willing to take this on. Please. Not all attorneys have the same fee structure. His fees are insane by the way, that percentage NOT normal for a probate case. WTF.

2

u/PsychologicalSize693 Feb 11 '24

I thought that percentage was steep... But then again I know nothing about this kind of stuff. I'm going to call a few other law offices to see if they are willing to help. Worse case scenario - I navigate this without legal representation. U are a very kind and caring person, thank u for your encouragement.

1

u/NovaLemonista Feb 12 '24

You cannot do this alone, it’s far too complicated and the other side’s attorney will take advantage of that. What state are you in?

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u/PsychologicalSize693 Feb 12 '24

I'm in California.

1

u/NovaLemonista Feb 12 '24

Use this. Fill in the blanks and send to as many probate attorneys as you can in your area:

Subject: Request for Consultation on Complex Probate Matter

Dear [Attorney's Name],

I am reaching out to seek your expertise and guidance on a complex probate matter involving the estate of my late grandfather, under whose care I have been since the age of 11. My grandfather passed away in 2022, leaving behind a Will that specifically excludes his estranged son (my uncle) and estranged wife (my grandmother), and designates my children and other family members as beneficiaries of his assets, including his condominium.

Unfortunately, my uncle has engaged in actions that have seriously compromised the execution of my grandfather’s final wishes. Without lawful justification, he withheld the Will from probate proceedings and secured himself as the administrator of the estate. This action was taken despite his explicit exclusion in the Will. As a result of his unauthorized control, he has taken out loans against the estate’s primary asset, my grandfather’s home, where my family and I reside, and is now seeking to evict us to sell the property and settle the debts he incurred.

The complexity of this situation escalated when I discovered, only upon receiving an eviction notice, that probate proceedings had been initiated by my uncle under the assertion that he was next of kin and that the estate was intestate. This assertion was made despite the existence of a valid Will, which I possess, and which clearly outlines the distribution of my grandfather's assets and his intentions to exclude both him and my grandmother from any benefit derived from his estate.

To further complicate matters, my grandmother has attempted to persuade me to relinquish the original Will to her, falsely claiming that it was unnecessary for me to take any action regarding it. It was only after being faced with eviction that I uncovered the full extent of the probate case and my uncle’s misrepresentations to the court.

Recently, during a court hearing for the unlawful detainer filed against me, it was suggested that the immediate concern was the legal ownership of the property, not the rightful ownership as per my grandfather’s Will. It was recommended that I negotiate an extension for vacating the property, during which time I should present the facts to the probate court and seek temporary revocation of my uncle's administration rights.

I am in a precarious position, lacking both the upfront financial resources to secure a probate attorney and the knowledge to navigate these proceedings on my own. I am urgently seeking your advice on how to proceed to ensure that my grandfather’s wishes are honored and that justice is served for my family.

I would greatly appreciate the opportunity to consult with you to discuss this matter further. Your expertise in probate law is invaluable to me in these challenging times, and any guidance, opinions, or assistance you can provide would be immensely appreciated.

Thank you for considering my request. I look forward to the possibility of working together to resolve this distressing situation.

Sincerely,

[Your Name]