Legal Question in Wills and Trusts in California
What is she doing ?
Dad died 5 months ago and still his will has not been settled. My sister-in-law is the executer of the will and has said that dad wanted the moneys to be divied evenly between the remaining family members.
Dad had already sold his home, sold his stocks, and had prepared for his death. Mom had passed last year and they were both in resting home.
Sister-in-law made commit that she could do what ever she wanted but is keeping everyone totaly in the dark about the will intirely. My husband and I are wondering if there is a time period that she must wait for family to contest before she is free to do as she wants with te moneys ? And if this is the case, are we suppost to be informed of the ''Will'' by an attorney ?
We are starting to think that she is holding out for some reason and just dont know where things stand or how to even get a copy of the ''Will''. If you ask her for info she stops talking to you via phone or e-mail. We just dont know what to do. There are 6 siblings in this family and we are all in the same boat. Can you help ???
Sincerely
Linda
2 Answers from Attorneys
Re: What is she doing ?
Probate is not an overnight process. The executor myst first petition the court to be named executor or administrator of the estate. Once that happens, which can take as much as 45-60 days, there is a 4 month period during which time creditors can file claims. The entire process takes at least 6 months, and can go nine for even a simple matter.
If you have concerns, file a Request for Special notice with the probate court. (You should have been notified of a Petition to administer the estate).
Re: What is she doing ?
If you have not received notice of probate by now (and since your sister-in-law is not communicating with you), you should consider filing a petition for probate yourself with the Superior Court in the county in which your father lived.
In any case you should send a written request to her for a copy of the will and the status of the probate (use certified mail return receipt requested). Or retain an attorney in California to contact her and attempt to determine whether she is properly performing her duties as executor of your father's will.
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