Legal Question in Wills and Trusts in California

Sorry for your loss. Was a Probate started by the nehew using the 2012 Will? Did the nephew initiate Probate under the laws of Intestacy (without a Will)?

You need to meet with an attorney in the area where the Probate is or should be pending to help you understand what is going on.

Depending on the circumstances, a preliminary distribution may be warranted. But until an attorney goes through the file and the case in detail I really can't tell you much more than this.

Many probate litigators handle the type of case you describe, and it is possible to find representation on a contingency (percentage) basis. That said, you should be prepared to explain what you mean by "The Final Will has not been recovered.", and, if probate has been filed, under what basis the nephew was appointed executor. Usually, the final will is the basis for the probate proceeding, and that will should have been lodged with the court within 30 days of the death. If the probate was started promptly, the will should have been admitted, and an appraisal filed by now.

Hi.

I’m sorry for your loss.

I would be happy to speak with you to discuss the case and your options.

You should put together a packet of the will, copies of any of the pleadings that have been filed with the Court, assuming that a court action is currently pending, along with a summary of assets that belonged to Bruce at the time of his death.

Just give a call or shoot me an email for a good day/time for us to talk.

Best.

Caleb

:)

805-496-0500

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