Legal Question in Wills and Trusts in California
Five month old case. Executor named approx. 4 months ago - brother of decedent. Filed intestate. I have a holographic will, from decedent, naming my mother as beneficiary of the house. I made an agreement (thus far "verbal") to put off entering the petition to have it admitted to the probate case, thereby splitting equity in house, but stating that all of decedents bills (36K to MediCal) must be paid out of his families share of equity.
The executor has been, my opinion, putting this off in terms of getting me a copy of the agreement for at least two months. Their lawyer is telling me not to sweat anything - like the house being foreclosed on.
The house payments are NOT being made by the executor. Approx. 40K in bills for decedent have come into play, not including legal fees and funeral expenses for decedent.
Should I put the will into play?
3 Answers from Attorneys
I would say yes, you must submit the holographic will for the Court to consider.
Your mother is the one with an interest in the estate if the holographic will is valid. You have no interest in the estate. Further, your "agreement" is not binding on the administrator or Medical. You need to submit the holographic will to the court for a determination of it's validity and effect on the proceedings.
You are required to submiit the will to the court. Do so.
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