Legal Question in Wills and Trusts in California

It is hard for an attorney to answer your question without reading the Will. Depending on the size of her Estate, you may need to initiate a Probate and if the Will is unclear then you may have to ask the Court for instructions. As Executor you owe a high fiduciary duty to all of the beneficiaries. To fulfill those duties I recommend you hire an attorney to advise you on the specifics of how to carry out your duties and your mother's wishes. I would be happy to discuss this with you further.

A document not stating, or that can not be reasonably interpreted to indicate, how the assets of the estate are to be divided is not a valid Will. The person who prepared the "Will" should refund at least the cost of drawing it up. State law on how an estate is divided will determine who gets what. As a mere executor, you have no power to sell the property or distribute any assets.

If the will is truly unclear as to how the assets are to be divided you will, as Aaron suggests, have to petition the Court for instructions on what to do. So long as all of the potential beneficiaries are in agreement, the Court will generally go along with what they want to do. Otherwise, it could become more complicated and more expensive. If the document is not determined to be a valid will, the assets would then be distributed under the laws of intestacy. You should consult with an attorney right away.

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