Legal Question in Wills and Trusts in California

Re: probate of estate

As an heir to the estate you will have to be given notice at some point of the probate, so you will ultimately learn the name.

However, if you aren't contacted soon, I'd suggest going on line to the Superior Court Probate Dept. website for the County in which your Mom passed away. You can use that website to determine if a probate case has been filed in your Mom's name, learn the case number, and then go to the County Superior Court where it's filed and look at the court file. That file will give you the attorney's name, etc. Some counties even allow you to access some of the Court files on line, but not all.

Re: probate of estate

Yes she can, but...

First, you should have received formal notice (in writing) that she openned probate. If you didn't get notice, which I suspect is true, then she either didn't open probate, just did it and hasn't sent notice yet, or is trying to pull a fast one. There are a few other concerns here as well. You should consult with a local attorney. Don't wait too long.

Re: probate of estate

you should retain an attorney to advise you of your legal rights, confirm that a probate has been opened, and determine whether or not you should take action now.

Re: probate of estate

Nothing happens with a will unless probated if filed. The will is a letter to the judge. Your sister may be nominated as executor, but that doesn't mean she is. The executor must act under supervision of the court. You can be appointed. If a probate is filed you would have received notice. You should hire an attorney to petition to appoint a personal representative of the estate and proceed accordingly.