Legal Question in Wills and Trusts in California

mother is executor of her moms will and her husband no communication to family

Hi thanks for your expertise. My moms mother died in 1996 and her husband died in 2001. Her mom left 500k estate to her and in the will it stated we the kids (3) got $10,000 each. We were told their was no will and we would get anything we would get it from her estate. A will does exist and it said we got 10k, we got $0. I want a copy of my grand-mothers will. My,Dad, her husband died in 2001 left over $500k estate and I think the same thing is happening all over again. She would not give us any info or a copy of his will. I would like my copy of the will and to see my greedy mother fuffil her fiduciary responsibility. thanks greg--name removed--602-329-1257.


Asked on 10/25/05, 10:04 pm

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: mother is executor of her moms will and her husband no communication to family

it is difficult to set forth all the facts of a case like this in a short internet post. You sate there was a will in your grandmother's case. I am not sure when that was diccovered, and whether there were actually any assets that passed under the will, or if they all went to automatic beneficiaries under joint tenancy, beneficiary designations, a trust, etc. A lot of years have passed since your grandmother's death, making a problem for the heirs to now come forth with claims.

In your father's case, the same may apply. You are entitled to a copy of the will. Did anyone make a formal request for the will at any time? I presume that no probate was filed, so I suspect that your mother received all the estate by survivorship also. If that were the case, it is initeresting that she would not reveal the existence of a will. Perhaps there was not one? There are a lot of facts unknown here. You need to consult with an attorney to see where you stand. I see that another attorney replied on this matter, who would perhaps visit with you. I see that your zip code places you in my home town, so you are welcome to speak with me if you desire.

Best regards,

James D. Jenkins

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Answered on 10/26/05, 2:42 am
Donald Scher Donald T. Scher & Associates, P.C.

Re: mother is executor of her moms will and her husband no communication to family

You need to retain a lawyer to represent you and to pursue your objections to the probate administration carried on by your mother, as well as bring your complaint for breach of fiduciary duty. Do not delay. You may already be blocked by the statute of limitations on your claims.

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Answered on 10/25/05, 10:54 pm


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