Legal Question in Wills and Trusts in California

My father died 2.5 years ago in WA state. He had a will and trust. I was named executor. In Aug 09, the court here in WA grant me letters to administer the estate. I learned circuitously that an ex-step sister of my father's deceased spouse in CA filed probate and was granted letters. I was not given notice to contest. She is now attempted to liquidate CA property and is not cooperating with me. The CA court does not know about the will and trust. Nor does the CA court know that I am administrator of the estate. How should I proceed to reverse the decision granting her letters?


Asked on 10/21/09, 12:16 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

First review the entire California file [can normally do on line but some counties require you to use a court appearance date]. If there is a substantial sumof money ilnvolved, you probably want to retain an attorney for at least the purpose of attaching her ability to administer the Will. File in the county where the property is located some type of document showing that you are probating the Will so that there can not be a bona fide purchaser who can claim no knowledge of your powers. [ I do not see how the Court could grant her letters if you are named executor without you being notified, as in seeking to administer the Will the person must show proof of service on all individuals with any interest in the probate]. You will then have to petition the California court for a hearing to remove her as administrator of the Will, order her to turn over all assets to the court or a new administrator, nominate yourself as administrator, seek sanctions against her, make all sales and distrlibutions subject to court approval, etc. Also contact her and try to find out why she is doing what she is, what she has done, and what her legal basis is. She may have a copy of another Will [which would have been filed with the Court].

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Answered on 10/27/09, 3:55 pm


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