Legal Question in Wills and Trusts in California
More than one administrator for purposes of another legal action
Fact: Mr. X dies leaving 3 daughters but leaves entire estate to the illigetimate daughter's mother for the child's care. There is no real property and informal probate is completed in county of Mr. X's residence. In a seperate wrongful death case eldest child petitions for administrative control in another county along with claim for compensation as issue of Mr. X, but does not tell judge about will or other dependant child.
Should mother of minor who was named beneficiary to estate inform the judge or any other authority of this misrepresentation to avoid a future problem with eldest daughter?
1 Answer from Attorneys
Re: More than one administrator for purposes of another legal action
You should definately make the Court aware of the existing will. If the Court finds in favor of the eldest daughter she could use that judgement to contest the will. If she does this, you will have to hire an attorney to help you fight her and this will end up costing money and time that could have been avoided if the Judge was aware of the will. Contact the Court where the lawsuit is being handled and talk to the clerk. Ask them what you should do to make the Judge aware of the will. A formal letter and copy of the will might be enough. Make sure to include the names of the parties in the lawsuit and the case number, so everything gets to the right Judge. You may have to file a formal motion, depending on what the clerk tells you. If this is the case, you can contact my office and we can discuss what needs to be done. You can reach my office toll free at 877-546-9918, or by email at [email protected].
Sincerely,
John Hayes, Esq.
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