Legal Question in Wills and Trusts in California
Executor Requirements
My mother died a month ago and has six children. My sister is the executor. My sister refuses to produce the will to 4 of us. There is real estate. My sibling is currently living in home. The attorney's office says that he does not have a signed copy and will not disclose contents. My sister has taken money out of our mother's account after she died. She previosly had POA of bank account. The life insurance agent refuses to discuss policy distribution with any one other than the sister.
Do we have any rights to make her produce the will and speak with life insurance agent. I am particularly concerned because she feels that only her and one sibling are deserving. I am additionally concerned because her significant other is what my mother referred to as a con man.
1 Answer from Attorneys
Re: Executor Requirements
California law requires the will to be filed with the court within 30 days of the date of death--this is not always followed, but failure to do so can be grounds for disqualifying the will-holder as executor.
If probate has not been filed, you may wish to start the process in order to safeguard the assets--has the attorney you mentioned done anything to begin probate? It is important to start early, as people may be taking the assets, using the accounts (by fraud, if using the power of attorney after someone has died), or just using them improperly, like living in the real estate without paying rent.
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