Legal Question in Wills and Trusts in California
I'm not sure if this is the correct area of law but here is the issue.... My mother just passed away about a month ago. She was the last parent remaining as my father died about 5 years ago. Only me and my brother are left. Before my mother died several people were in her ear telling her who knows what because she left someone who isn't even blood as the executor of the estate. Me and my brother never trusted this person. Anyway, she and her family come and go as they please from my deceased mothers house. She seems to have keys to her house. When we've tried confronting her about this she says "im the executor". Like if that title gives her the right to do whatever, whenever she wants. Can she do that or can we legally change the locks to the home? We're fine with her being the executor if this is what our mother wanted but she also has kept us out of the loop with everything. We know there is a will that my parents left. We're not sure if we'll contest it since we dont know what it says. We are looking for someone who can help us navigate these legal waters until, at least the will is read.
2 Answers from Attorneys
Sorry for your loss. You can't know she is the nominated executor without seeing the will. There is no ceremony where the "will is read". That is just on TV and in the movies. Within 30 days after a person in possession of a will learns of the death, they are supposed to file the will with the court. Ask this person, in writing, for a copy of the will and let them know they are supposed to timely file the will. You or your brother can file for probate yourselves if you want.
Mr. Dorfman is correct.
Until officially appointed by the Court, the executor is a bit on dangerous ground in entering the property. There is some risk that the executor won't be appointed, after all. Until a probate is commenced and/or you know what is in the will, it's all a bit unclear.
As the descendants of the estate, you are entitled to a copy of the will. This should be done by written demand.
You are also entitled to commence a probate of your mother's estate, assuming that is necessary. You should check the records of the county recorder to see how title to the house is held -- if it's in a trust, then no probate will be necessary.
I strongly suggest you consult with an attorney that handles contested probate matters, and get a bit of advice as to your rights. It's a bit tricky to handle a probate if you believe there is a will but you don't have a copy or know what it says.
The need for a quick consultation is even higher if there are personal possessions in the house that are in danger of disappearing.
You should be able to find someone here on LawGuru to help you. You can also contact your local bar association or do a search on Google for attorneys and attorney referral services.
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