Legal Question in Wills and Trusts in California

Re: at a loss locating the attorney who holds my grt aunt's will

Who knows if the attorney who drafted the will is even around anymore? Attorneys do not follow their clients that closely, anyway, and it is the responsibility of the person named as an executor to begin Probate (unless there was a trust). About the only thing you can do right now is to petition for administration of her estate in the probate courts. Does she have other family in the area? Children or sisters? They would have first priority of administration.

Re: at a loss locating the attorney who holds my grt aunt's will

you should retain an attorney to file a petition for probate of your aunt's estate. even if a will is not found, you may be entitled to a share of her estate based on the law of intestacy.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=240-241

if there is any possibility that anyone might be improperly disposing of her assets, you should act quickly before her estate is dissipated.

you can check the California State Bar website to determine whether or not the attorney is still practicing.

SEE:

http://members.calbar.ca.gov/search/member.aspx

Re: at a loss locating the attorney who holds my grt aunt's will

I didn't read the other replies but the first thing to do is check the real property records to see if her real estate is owned in a trust. If so, the deed may indicate what attorney drafted the trust. If you call me I have a computer program that may find that information out while we talk on the phone. If not in a trust then a probate needs to be filed... but need to look for the will so that you can be a beneficiary. We do a lot of trust administration and probate throughout California and would be happy to take your phone call and at least give you some direction! 916-920-5983 x405. GOOD LUCK!

Re: at a loss locating the attorney who holds my grt aunt's will

If your great aunt was a woman of property in Monterey, California, then someone has inventoried her estate - officially or unofficially. If officially, then there would be a probate estate opened in Monterey County or a trust would be administered for the benefit of beneficiaries named in the trust. If unofficially, then there could have been a swarm of freeloaders rummaging through things, living free in the house,and generally making the most of your great aunts remaining possessions. Are you sure you are unaware of anyone who has taken responsibility? If not, then you should organize. Find someone to file a petition for probate, get a court order appointing a personal representative, and get control over the remaining assets. If she had children, and no will is found, then her children and grandchildren will receive the entire estate. If you examine the county recorder records about her real estate, you may discover that she had conveyed her property to someone else before her final illness. You could at least go there, snoop around, and enjoy a few days in Monterey. Good luck.