Legal Question in Wills and Trusts in California
My deceased father's Will
My father just died on Jan. 1st and his wife who is my stepmother of whom I have a good relationship with is being very evasive and Is giving my other siblings all mixed messages about what is in my father's will. I was told by my father that upon his death their estate would be split down the middle; half would go to her and the other half to my father's five children; however, she doesn't seem very willing to tell us what is in the will. One moment she will tell us my father left us nothing and the next she will tell us he has left us his 401k of 300,000. My question is should I consult legal advice and how much of a right do I have to read the will? She also told me that everything rolled over to her. Does that mean she has complete control? I do know that she is also the executor of the will.
Confused??
3 Answers from Attorneys
Re: My deceased father's Will
Assuming California law applies, the executor must file the will with the court within 30 days of learning of the decedent's death. The will is a public document, and if the executor complies with the law, it should not be a problem to see a copy. However, bank accounts, 401(k) accounts, and the like, are usually not governed by the will. If you know what company had the 401(k), you can check with them to see if they will tell you who the beneficiaries were. It sounds like there is enough money at stake here that you should consult a lawyer right away. I am in Northern California. If you need someone elsewhere, please let me know and I will see if you can get a referral.
Re: My deceased father's Will
You should speak to a Probate attorney immediately. If the spouse does not probate the will immediately you may want to apply as personal representative. Chances are she will be appointed but if she doesnt do it properly you can have her removed. There are probably other assets and you should check the local court and see if a probate file has been opened. You will get notice of it if it has but if not you should push to have it opened. Are you sure it was a will and not a family living trust?
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Re: My deceased father's Will
In California, wills must be filed with the county court within 30 days of one's death. The nominated executor should also be filing a probate petition soon, if she hasn't, and sending notice of this to all the beneficiaries.
If this is a trust (not a will), the beneficiaries are required to receive notice from the trustee within 60 days of the death.
If you have still not received some kind of official notice from your stepmother at this point, you may want to hire an attorney to force some action.
Regarding the 401k, you can contact the company holding the 401k directly to see whether you're named as a beneficiary on the account--if there are named beneficiares, they can collect the account directly without going through an executor or trustee.
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