What rights do I have as I have as an heir?

My aunt recently died and supposedly left her entire estate to my older sister – house valued at 250K. I have not seen the Will but my sister has taken over everything and now wants to give me and my other sibling 1k. She plans to sell the house in a few years. My other sister thinks if we cash the checks sent to us that we could lose any rights to the house when it sells.

Asked on June 19, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  If your Aunt left a valid Last Will and Testament that left everything to your sister then you may not have any rights to the house at all, now or later.   If you are the only heirs to the estate and she dies with out a WIll then you would have shared equally.  But barring undue influence buy your sister upon your aunt to leave her everything and cut you out there is little you can do.  And your time to object to the Will and probate is limited and may have already passed.  Please go and speak with an attorney in the area about that issue in particular.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.