Legal Question in Wills and Trusts in California
No will on file in probate court
An aunt passed in L.A. last August. The executrix has given many versions on my aunts will. My mother and her sister are the only living relatives of this aunt. They received notice that bank accounts have been closed but after placing a call to the will Dept. of the court was told that no will has been filed. Can the executrix administer the estate in which there is property over 100k without filing in probate? Also there have been improprieties with distribution of the aunts income while she was living. (taxes for employees were not paid either to the state or feds or Soc. Sec.) Is there any available cause of action for my mother and aunt?
2 Answers from Attorneys
Re: No will on file in probate court
Yes, there are causes of action including fraud, breach of fiduciary duty and potentially elder abuse. Bank accounts can be closed (and accounts liquidated) depending on how the assets are held (for instance, in joint tenancy). Feel free to contact me for further consultation.
Re: No will on file in probate court
Clearly there seemed to be some. There may even be elder abuse claims which took place before she passed away. You need to contact an attorney specializing in estate planning/litigation in the geographic area where your aunt lived and passed away. You should do that immediately to protect the rights of your mother and your other aunt. I cannot stress your immediate need to seek with legal counsel who can help you.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
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