What kind of lawyer do I need to help get what is owed to me from my deceased grandfather?

My mom has been trying to get what is half hers, which is what is in my grandfather’s Will that was never filed in a court. And my aunt is not willing to give anything to my mom. My aunt put both of his cars in her name, which were supposed to be sold and divided equally. Her husband has agreed to pay my mother $5,000 for the old truck which was originally supposed to be hers but she has yet to receive any kind of payment and my aunt has now said that she doesn’t owe my mother anything. How much time do we have to file a lawsuit or reach an agreement through an attorney and what do we do?

Asked on September 6, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are dealing with the estate of your deceased grandfather, you need to consult with a Wills and trust attorney. If there is a known Will of your grandfather and the person holding it has never submitted it to probate or provided it to a person who wishes to probate it, such is improper and very well could be a criminal act in your state of residence.

Since the Will has not yet been probated, you still have time to file suit concerning the estate. Ordinarily the time period to file suit is within one year after the estate of a probated Will is deemed closed and distributed by a court order.

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