Legal Question in Wills and Trusts in California
Getting the orignal will?
After my Mother passed away the will said my brother & I were to split the house. I've since learned alot but I was told I need the orignal will to get this started. He won't give it to me. He said his paralegal friend and his lawyer friend are handling this. I told him they can't, because--name removed--both have to agree on all this. I said if--name removed--don't its going to cost us alot more out of the estate with this fighting! He doesn't take anything I say seriously and I was trying to avoid a fight.
But there is a copy of the will recorded...how come I can't get a copy and go from there? Someone told me I HAVE to have the orignal in my hands. Is this true?
Plus he keeps asking me for my social security number and other information and I won't give it to him. Since he is living at the house I know my Mother would have that information on something there. Can he legally take my ss number and other info to his paralegal friend without my permission? Thanks in advance!
3 Answers from Attorneys
Re: Getting the orignal will?
You can file a probate, applying for letters of administration. That will give you the power to gain access to all of your mother's paperwork and assets. You can hire an attorney to assist you and he will be paid from the estate. He may seek to be appointed the personal representative of the estate as well, instead of you. The judge will decide and supervise the handling of the distribution of your mother's estate.
The will is meaningless unless probated. If there is no will, the estate has to be probated in intestacy.
Re: Getting the orignal will?
You can file a probate, applying for letters of administration. That will give you the power to gain access to all of your mother's paperwork and assets. You can hire an attorney to assist you and he will be paid from the estate. He may seek to be appointed the personal representative of the estate as well, instead of you. The judge will decide and supervise the handling of the distribution of your mother's estate.
The will is meaningless unless probated. If there is no will, the estate has to be probated in intestacy.
Re: Getting the orignal will?
It's obvious that he has better legal representation than you do.
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