Q: My aunt promised me before she died that she would leave me her home after she died, but then she died without a will. Is there anything I can do?

by | Oct 11, 2023 | Q&A, Trust And Estate Administration |

A: Possibly. Although the success of the claim will depend on the particular facts, Probate Code Section 366.3(a) states: “If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust …, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution may be commenced within one year after the date of death…” It sounds like hiring an estate attorney would be a great start for you to determine your various legal options!