Legal Question in Wills and Trusts in California

My mother passed away in Feb of this year, the executors of her will still have not done anything, I have not seen a will or anything and have asked several times, her bank account says POD to my sister and myself, and I have another account with her that says her name and mine. The car was in her and my names as "or" I have put the car in my name only, now my nephews (the executors)have taken the car, so now I still have to pay insurance due to the fact that the car is not in my possession and don't know if anyone is driving it, Can I legally take the car and what can I do about her accounts, I do have orginal copies of her death certificiate. I am at my ends wit at this point, They say she sold the car to my sister, I have not seen anything and I was told that the car according to her will was to be sold, I have not seen any cocidle or any papers with changes, or will and no witness to this change. I thank you in advance for your help.


Asked on 8/02/10, 12:57 pm

1 Answer from Attorneys

Open a probate case yourself and apply to be executor. That will force them to come in with the will to dispute you being named executor. If you can then show that they have failed to fulfill their duties (sounds like that may be easy) the court may over-rule the will and name you executor, and even if the court allows them to remain executors, it will scrutinze what they do.

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Answered on 8/10/10, 12:23 am


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