Legal Question in Wills and Trusts in California

My father died 2.5 years ago in WA state. He had a will and trust. I was named executor. In Aug 09, the court here in WA grant me letters to administer the estate. I learned circuitously that an ex-step sister of my father's deceased spouse in CA filed probate and was granted letters. I was not given notice to contest. She is now attempted to liquidate CA property and is not cooperating with me. She is not a beneficiary of the estate per the trust terms. The CA court does not know about the will and trust. Nor does the CA court know that I am administrator of the estate. How should I proceed to reverse the decision granting her letters?


Asked on 10/21/09, 12:12 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

You will need to hire an attorney in California to file an appearance and objections. The nature of the objections will depend on the facts and a review of the actual documents (the Will, the Trust, etc...). Was title to the CA property held in the name of the trust? If so, then the property should not be part of any Probate. If the property is identified in the trust as an asset, but title was never transferred properly, there is a petition to file to remove the property from Probate. It is puzzling that your father passed away over 2 years ago and this CA property has not been dealt with sooner. I am available for further consultation. Please feel free to contact me.

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Answered on 10/21/09, 12:22 pm


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