Legal Question in Wills and Trusts in California
Upon death, who contacts the heirs--the attorney who drew up the will, or the executor? Thank you.
4 Answers from Attorneys
The executor should do so as the attorney is not going to know about the death. Drawing up the Will ends the attorney's involvement in the case unless they are named executor or hired by the executor.
Maybe nobody. We often get questions here from people who thought themselves heirs -- but who didn't do anything about it except sit around and wait for the phone to ring. The question is often something like, My Aunt Maude died 5 years ago and the executor hasn't contacted me yet.
To clarify on Mr. Stone's position, sometimes a person dies, and an executor is nominated in the will, but no probate has been filed. In order to get the ball rolling, the executor should file a petition for letters testamentary, and have the will admitted to probate. But this can be delayed in situations where the named executor is ignorant of the death, or unwilling or unsure of how to act.
Either may contact beneficiaries. Why do you ask? Contact me directly..