Legal Question in Wills and Trusts in California

Re: Probating a will

I'm sorry for your loss.

Sounds like several people do not want to do what your father wanted.

The fact that the will calls for different possible distributions raises questions as to whether the will is sufficiently definite for the court to be able to distribute the assets. If the will fails, then property would be distributed to family based upon "intestate succession" which results in the property going to family members.

Sounds like SOMEONE should move to probate the will. If the executor won't take action and there is no successor executor, then one of the heirs can take action to have the will probated.

I would be happy to speak with you about the matter. For your information, attorney's fees are typically paid out of the assets of the estate.

Caleb

Re: Probating a will

Based on the facts your are stating, this Will should be probated. I would need to discuss the facts (phone ok if you prefer - in slightly greater detail to provide a legal opinion.

Generally, the holder of the Will is under a legal obligation to file the Will with the Court having jurisdiction. For my clients I handle this for them.

You say that the person nominated as Executor refuses to probate. I would discuss w/ you whether there is an alternate Executor. If not, children may have standing - I would discuss these facts with you if you have a copy of the Will.

In summary - if there is real estate or properties in the Estate (discussion question) exceeding $100,000 then it is most likely appropriate/required to file this Will, something that I would be pleased to assist with (this is my practice).

Generally - if properties were owned by a Decedent without a surviving spouse (or beneficiary named in instances) and above $100,000 - this is the procedure. Let me know if you have follow up question or if I could assist you further.