Legal Question in Wills and Trusts in California
excutoship
My brother in CA is the excutor of our fathers will and I have recieved anything from him on this since my fathers death in 3-22-04. I would like to know if there is a law about him abusing this right and if so how I can go about getting what I should have gotten when my father died. I have seen the will or any of the papers that my father left and would also like to know how I can get to see these. I have no money for a lawyer and really need help.
2 Answers from Attorneys
Re: excutoship
you should have received notices regarding probate of your father's estate. you will need to check the superior court in the county where your father died to see if a probate was opened. many counties have online information regarding cases - some including documents filed.
if the estate was substantial and no probate has been initiated, you will need to file a petition for probate yourself.
SEE ALSO:
http://www.courtinfo.ca.gov/forms/
Re: excutoship
You need to ask him for this. If that won't work, you need to contact the courthouse where your father's will is probated. They are supposed to send you notice if you are an heir. I assume your father lived in California. If he lived here, I can give you more advice. Not sure the laws in California, but I know in AR they have to give you Notice of what is going on.
So, I would advise contacting the courthouse in the county that his will is being probated (usually the county he was living when he passed), and ask the clerk to send you copies of what has been filed in this matter.