estate law in California?

Question

My Grandma pasted away a couple of mo ago and left money to the Cal babtis foundation, she thought to pay for handling her estate. We have found out that not only will they get 27% of the estate but are going to charge the heirs a % of the funds to handle the estate. Can they do this?

Answer 1

She apparently was conned into naming them beneficiary -- and some alter-ego of theirs -- executor. There is probably nothing you can do about it, short of arguing issues of community property (if your grandfather is still living), overreaching, Alzheimers or incapacity on her part, etc.

This is only one reason why Californians are advised ALWAYS to have a Revocable Living Trust as a will substitute. Probate is quite expensive in California (compared to other states, notably New York). But the elderly are always potential victims of greedy charities, real and fake. Especially religious and quasi-religious ones.

BTW, you would not believe how many forged wills get rubber-stamped through probate by judges. Or how many of the elderly have their assets wasted through guardianships given to cronies of judges. (The Mollie Orshansky case in Washington DC was notable mainly for the fact that her family was able to get the crooked (crooked because they billed for work never done and lied throughout the proceedings) guardians fired. Mainly I think because they snatched her from the hospital where the guardian had put her, took her to New York and got a NY court to intervene. The DC judge had voided Mollie's estate plan so the crooks could take the money; the Appellate Court gave it all back.)

Answer 2

Being the executor of the estate is a compensated position. They have to provide complete accounting to the courts and the other beneficiaries. Was it set up as a trust? Even then, the trustees can charge for handling the estate.

Answer 3

It sounds like they know what they can do. All executors and trustees are entitled to fees for their services. There are State guidelines regarding them. There is usually an attorney for the Estate. Ask him/her if what you've been told is true and correct adherence to California Probate Law.

If you want to read about Probate Law, there are books in most libraries in their law section on how Probates are governed in each State.

It seems you need to do a little research to put your mind at ease, or to change things if that is possible or necessary.

Keep remembering...it was Grandma's money to do with as she pleased. She could have left you one dollar ($1.00)!!!

Answer 4

Sounds like a money grubbing scam to me....and one that kicks the gift horse in the mouth.