Legal Question in Wills and Trusts in California

Named Executor, Now What?

First, my mother has left an unsigned will which appears to be a copy of a legal document. She has not had an attorney since she made the will in 1986. Where might the actual will be filed?

All her assets are in trust to myself, brother & sister, divided three equal ways. Without a signed copy of the will, can I proceed to handle the estate as the will stipulates?

When do I have to put a notice to creditors in the newspaper? Do I have to?

Sorry for so many questions, but I'm lost in this. Thanks in advance for any and all answers.


Asked on 6/20/04, 4:32 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Named Executor, Now What?

If there is a trust, and the estate assets are held in the trust, the will is not the document that controls distribution of assets. The trust document controls. Generally, all creditors are to be paid according to the trust. That is the document that needs to be found.

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Answered on 6/20/04, 4:57 pm
Jill Zimmerman Law Office of Jill Zimmerman

Re: Named Executor, Now What?

This service will not be able to guide you through the whole probate process, if probate is needed in this case. Sometimes you have to bite the bullet and go see an attorney.

This looks to be one of those areas since a lot of your questions depend on things that you didn't include in the facts.

If my office can be of help, please do not hesitate to contact me.

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Answered on 6/21/04, 9:47 pm


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