Legal Question in Wills and Trusts in California
My parents are deceased. My brother is the executor and trustee of my parents' estate and lives in California. I am single and live in Lexington, Kentucky. I have not received a copy of the will or life policy of my parents, which I have asked for from my brother. What would be involved with filing a petition regarding the handling of the estate? Would I need to be in California for court dates and times, or could an attorney represent me? Could you please give me an idea of the cost for services of this kind?
1 Answer from Attorneys
You don't have to be at the court hearings, unless you represent yourself and want to object to a portion of the probate. In many courts, they allow court call. You are entitled to a copy of the will, and relevant estate documents. There is a procedure, and a form, that you can file which is called a Request for Special Notice. This allows you to receive notice from the parties to the probate proceeding, and the court. I would suggest that you speak to an attorney, however, to explain the process to you and determine whether you need an attorney to protect your rights.