Legal Question in Wills and Trusts in California

Family Trust

My mother passed away recently and now I am the successor trustee of a family trust. The trust covers my mother's home, her furnishings and a small ($5000) IRA. There are no other assets. I have advised all the regulars required ... Social Security, credit card companies, and her insurance company that was paying a monthly annuity. The annuity stopped at the time of my mother's death. Her will, written in the early 1990's, leaves everything to the family trust which includes my 2 siblings and myself. I have filed the appropriate paperwork for the IRA to her bank. Am I legally required to file her will or the trust with the courts? If so, is it necessary to hire an attorney to assist with this small estate? Thank you.


Asked on 4/02/08, 3:40 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Family Trust

If the house is in the name of the trust already, you do not have to file anything with the court. If not, you will have to open a probate to probate the will. In that case you are not required to hire an attorney, but you would be well advised to. The fees are statutory and cannot be paid unless and until court approval is given.

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Answered on 4/03/08, 12:40 am


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