Legal Question in Wills and Trusts in California
my father passed away last year, he left a will in which my brother is the Executor. His will stated that all his assets were to be distributed equally amonst his 4 heirs. To date this hasn't happen, are there laws pertaining to execution of a will?
3 Answers from Attorneys
The question you have posed does not have sufficient facts. When did the father die? Was a probate petition filed? What stage of the probate proceeding is the matter weith the court if petition for probate filed?
The administration of a will does take a reasonable period of time to complete. You have not provided any information as to exactly what, if anything, has been done. Is there a large enough estate to require probate? Has a probate proceeding been started? Have you seen an inventory? Is there an attorney for the estate? If you do not understand the questions or know the answers, perhaps you will want to either call the estate attorney and ask questions or engage someone to represent you in the matter.
Wills have to be probated and they are executed by an executor or executrix who is appointed by the court to act with what are known as letters testamentary.