Legal Question in Wills and Trusts in California

Finding an old friend and lost bank deposit box.

Is your aunt the person who wrote the will, or is she the beneficiary of someone else's will? And is the Bank of America the executor or trustee under the will?

If it is your aunt's will and she is still living, she can simply prepare a new will. If it was the will of someone else and it left money to your aunt, when did the person whose will it was die? If a bequest was never given to her and she knew about it and the person died some time ago, it was the obligation of the executor to find the beneficiaries under a will. However, if the executor doesn't know where all of them are, the executor may be able to follow the law of the state to advertise so that anyone who claims an interest can come forward. If your aunt was not aware of the death of her friend or of the administration of the estate, and did not live in the same state and therefore did not see any ads, her calim may be lost. Also, if the estate did not have sufficient assets to satisfy all bequests, she might not have been able to get her bequest anyway.

If the deceased person lived in PA, that is the state where the will would have been probated, and it is possible to go to the Register of Wills for the County where the deceased person lived and find a copy of the will.

If the deceased person lived in CA, there is probably a similar process, but I do not practice law in CA and know nothing about the law there.

Depending on how long ago the person died, the estate may have all been distributed and there may be nothing left. It should be possible to find out who the executor was, and, with research and inquiry, to find out if the executor is still living. If the person died some time ago, the estate may have been closed - debts paid, inheritances distributed, etc. And if the executor followed the correct procedure for the State to try to find beneficiares, the executor may not have any further responsibility to your aunt.

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