Legal Question in Wills and Trusts in California

Re: Mom had Will- Siblings filed Intestate

Thanks for your posting. Here in California, a copy of a valid will must be attached to a petition for probate. A will must still be probated, but in this case it is possible that the will was never signed, which makes it invalid. Also, the trust might

You should seriously consider getting an attorney to file a claim. At least, the court should have evidence to consider as to what her wishes were in distributing her estate.

Best of luck, and if you need any help, please feel free to email my office directly.

Re: Mom had Will- Siblings filed Intestate

I echo what Mr. Miller said, and add that you could just go down to the courthouse and look at the file. Everything in a probate is public record, and the clerk's office will pull the file for you. In addition, deadlines may be ticking away so you need to get the information and a lawyer right away. If you are in northern California, feel free to contact me.

Re: Mom had Will- Siblings filed Intestate

I see why you are concerned. Who is the trustee for the trust? Was the property in the trust transfered to the intended beneficiaries? Was the will for personal effects? You may want to litigate if you don't get straight answers. Please call me directly at (619) 222-3504.

Re: Mom had Will- Siblings filed Intestate

The first thing I would do is go to the courthouse where the petition is filed and ask the clerk to see a the courts file. A copy of the will or trust should be in the file. You will be able to get a copy from the court.

I would then recommend that you make an appointment with an attorney who can contest the proceedings and protect your rights.

I will be happy to talk to you about this matter. Good Luck.

Re: Mom had Will- Siblings filed Intestate

See an attorney right away to review your situation, as deadlines in this area come quickly. If there's a valid signed will out there, the holder is supposed to (under California law) file that will with the local county court within 30 days of the person's death. Likewise, the people filing that probate petition need to disclose the will/trust existence, but that may or may not be happening here. If the attorney's not talking, he may need to be forced to by deposition, subpoena or court order to find out whether there are valid will(s) or trust(s) out there, and what happened to them, or if they were supposed to be signed, why they weren't.

The first step is to see an attorney experienced in this area, because I've seen people wait too long and be denied what should have been theirs.