Legal Question in Wills and Trusts in California

File the Will to start probate, request you be appointed executor, tell the judge what the problem is as to the papers and if the court could notice a hearing ASAP to require her to appear and explain why she should not be sanctioned. Point out to her that as long as she refuses to turn over the papers there can be no distribution of assets and that you might have to start charging her rent for living in their home.

Once you open a probate and are appointed by the Court, your father's wife will have little choice. If she won't turn over the records the Court can compel her to do so and to account for any funds of his she has used. As Mr. Shers has pointed out, and depending on what the Will provides, you can also start charging her rent if she is living in his house. Simply telling her that might make her more cooperative. If you would like our assistance, please do not hesitate to call me.

Jon Reich

310.478.2541

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