Legal Question in Wills and Trusts in California

Opening

My mother just recently passed away and left a will she made in 1981 that was never opened. Plus 2 other envelops addresed to myself and two sisters.A couple a days before she was buried they decide they should open the will shouldnt this been done in the present of a attorney.PLus the other letter she had written and signed say it was in addttion to the will and mention her grandson was to be taken care of and help him out now my sisters say tear the note up cause he shouldnt get nothing but I was their when they open it what usally happens in a sitution like this Concern


Asked on 12/08/02, 11:29 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Opening

The original will and any codicils (amendments) must be filed with the county court within 30 days of someone's death. The will doesn't have to be opened with an attorney, but probate does need to be opened, and if the destroyed "notes" qualify as holographic wills or codicils, the court will take evidence to prove their contents and admit them to probate as well. You should probably see a probate attorney soon to begin estate proceedings and also to prevent any further fraud or destruction of wills or estate property.

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Answered on 12/09/02, 12:31 pm


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