Legal Question in Wills and Trusts in California
How soon & how do I get money left to me in a will?
I was left money in my (deceased) father's wife's will. She died over 7 months ago. Her biological children and thier children have all receved thier money. I have nothing yet. I have been trying to contact the lawyer handling this but she never calls me back. There are bad feelings between me and the other heirs, but the money was left to me and I want to get it ASAP. It is not a large sum, only $3,000. Is there anything I can do besides hiring a lawyer to get the money that is rightfully mine? I live 700 miles away in Southern California. The woman who died lived in Northern California and that is where her lawyer is.
Any help is appreciated.
Thanks!
2 Answers from Attorneys
Re: How soon & how do I get money left to me in a will?
Did the will go through the probate court or was this a "small estate" (less than $100,000 in the entire estate)?
If it went through the probate court, you might be able to check out what's happening in the case online -- for example, San Francisco Superior court scans in all documents & you can read them online; Santa Clara County & San Mateo County scan in the names of the documents - you can write to the court to obtain copies of the documents. Enclose a self-addresses, stamped envelope and a check payable to the "County Court Clerk". Leave the amount of the check blank and just above your signature write "Not to Exceed $50."
In California the lawyer represents the EXECUTOR, not the HEIRS.
Good luck.
Re: How soon & how do I get money left to me in a will?
I'd check with the court to see where the process is, and send letters to the attorney by certified mail so she'll be less likely to ignore you. As long as the estate's still open, you'll have to get paid before it closes.
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