Is there any way, in CA, to get items from the home when all is left to one person?

My grandfather either had a living trust or left a will that gave everything to my cousin upon his death. In the home he was left are still things that were left to me many years ago by my grandmother my grandfather never gave them over to my aunts, sister or myself, is there any way now to get just those things? Not looking to ask for the house or any monetary things left to my cousin.

Asked on August 29, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there was a prior written will that left items to you, you may be able to enforce that will in surrogates or probate court, via a legal action--IF you deem it worthwhile to go that route. If you want to do this, consult with a probate attoreny: this is a not-typical situation, and you'll need a lawyer's assistance.
If there was no will, then even if your grandmother said she would give these things  to you, if she never did, they were never given; the remained hers, so that when she passed away, they became your grandfather's, which means they then passed according to his will or living trust.


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