Legal Question in Wills and Trusts in California

Re: about my deceased mothers will

I am sorry about your Mother's death and all the problems you are having with your sister. Those problems are one reason it is best to avoid probate if possible.

Normally a Will is probated in the county where the person lived. Nevada law is going to be somewhat different from California law, but there is some overlap. I assume that your mother's estate at the tie of her death was greater than $100,000; less than that in California and the Will does not have to be probated. Tell your sister that by law you are entitled to a copy of the Will since you would be named in it even if it was to say you get nothing. Also point out that if she does not file the Will with the Court to start the probate you will file for the probate starting yourself and she will have to explain to a judge why she has already disposed of estate property and exclude you and your brother. Once she files, the Will is in the file. Many courts allow you examine the papers within the file over the court's internet site; otherwise, you would need to go to the courthouse to make a copy or hire a copying service to do so.

Once you see what portion of the estate you are to get by the Will, you and your brother might need to hire a probate attorney to give you advice and represent you.

Good luck.