Legal Question in Wills and Trusts in California

In California, recently, a brother has died of suicide. The police informed the only next of kin of an executor, in which they relayed to the so called executor that the next of kin wished to have a contact phone number of the executor as well as be contacted by the executor. It's been four days since the death and absolutely no contact, no proof of a living trust or directives have been shown to the next of kin who is one of the likely beneficiaries. What can be done to expedite this, as the deceased has a home/property and non-family members live closer by than the next of kin and they may have access to the property and could remove items. Concerns of securing the property have not been remedied. Concerns that the executor could also be getting the house/property rather than the one remaining next of kin. Also have concerns of a conflict of interest, as the so called executor is not family nor kin, and their spouse is an attorney. How soon should this executor contact the family as so far, they have avoided doing so, intentionally.


Asked on 9/02/15, 12:36 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

First, there is no executor - the will nominates an executor. An executor is then appointed by the court if the will is filed for probate. If there's a will and no trust, the person in possession of the will must file it with the court within 30 days of the date of death under Probate Code section 8200. If it's necessary to file for probate in the court, then you are entitled to notice of the petition (and a copy of the petition) for probate.

Second, if there's a trust, then the trustee has a duty to send a notice under Probate Code section 16061.7 to all persons named as beneficiaries, all persons

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Answered on 9/02/15, 9:31 am


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