Legal Question in Wills and Trusts in California
My sister, elected "Executor", has officially refused to communicate to me as her blood brother or the half siblings. She is a "Conflict of interest" but can't prove it because all of us offsprings do not know who's on thre will. It been over two months. How do we find out if anyone is on the will? Is it the job of the Executor to let us know or the Attorney? Who?
2 Answers from Attorneys
It is the legal duty of the executor to notify all people who might get something from the Will. There is legal no conflict of interest in being the executor and inheriting under the Will. Please see prior similar questions and answers as to how to get a copy of the Will.
if the value of the estate exceeds $100,000, or if there is any real property in the estate, and the assets are not held in a revocable trust, probate will be required. in that case your sister is initially required to lodge the will with the superior court in the county in which the decedent was a resident, file a petition for probate with the superior court, provide notice to all heirs and beneficiaries of the will, and take numerous other required actions. if you are concerned that she (or her attorney) will not act fairly you should retain a qualified attorney to provide you with advice and representation as necessary.