Legal Question in Wills and Trusts in California

Re: Don't Know What To Do....

You should contact an attorney whose office is in the same county in which your mother resided at the time of her death. He or she can check to see if a probate has been filed. If one has then you should contact the attorney for the esatate. If one has not, then you should determine whether or not you should file a probate proceeding.

Re: Don't Know What To Do....

Many counties have on-line records so you can check if a probate has been filed. Additionally there are public records to check title to real estate if your mom owned a house. A lot can be learned through Court records and real estate records. If your sister did in fact get appointed Executor without telling you there may be recourse to have her removed. DO NOT DELAY in looking into all this as you could lose your rights! Often people hire an attorney to help with these type of things. I suggest you talk to a probate attorney who works in the county where your mom last lived. Our firm handles all of California but primarily Northern California counties.

Re: Don't Know What To Do....

Check with the court in the county where your mother lived to see if your sister has filed a probate--if there was no will, and the assets are worth more than $100,000, a probate would need to be filed, and notice to all heirs (including you) is required (but not always sent). If she has done this without giving notice, you can try having her removed. If nothing has been filed, you can do it yourself--as children, you all have equal priority to petition for probate.