Legal Question in Wills and Trusts in California

My mother died on 3/05, she left a will (she made in 1976) naming my brother and I to inhert her house in Upland, California, where we now reside. She named my uncle who now resides in Oregon to serve as executor, if he could not serve as executor, then First National Bank and Trust Co is to be the executor. That bank does not exist any longer. I filed a Petition for Probate so we could change the name of the property to our names, Everything was fine until the court notes asked about the named executors my uncle does not wish to serve, First National Bank and Trust Co was taken over in 3/95 by First Interstate Bank who was taken over my Wells Fargo, National. My question is How do I get rid of First National Bank and Trust Co? In 1976 my brother and I were younger and mother wanted to make sure we received the property. Now we are in our late 50's and my uncle is agreeable to everything but he really doesn't wish to serve as executor. My mother's estate only consisst of the house, she had no bank accounts left at the time of her death. We just want to put the property into our names. I am submitting a due dilligence in regards to locating First National Bank. Could you please advise thank you. .


Asked on 4/19/10, 5:38 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

Your uncle can sign a Declination to Serve as Executor. I think, unless your mother's Will added "or it's successor company" that it will be adequate for you to submit a Declaration to the court indicating that the named corporate Executor no longer exists as named in the Will.

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Answered on 4/24/10, 5:48 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Wells Fargo National will also probably sign a declination to serve. Unless the estate is worth a substantial amount of money (i.e. millions) they probably won't want to get involved in this type of matter because it is not cost effective for them to do so.

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Answered on 4/26/10, 9:38 am


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