Legal Question in Wills and Trusts in California
A Will has never been filed with Superior Court and My Mother died over 7 months
My Father past on in 2000 and my Mother past on in June of 2003. At the time of her demise there was a trust for the four of her children that she and my father had set up years ago with their family attorney of many years. Unfortunately, my youngest brother, who is executor of the estate had my mom change attorneys while she was still alive. The problem is my brother will not produce a will, nor supply any of us with the trust. I contacted a local attorney who handles these matters but can not afford the legal fees he is requesting. I also have contacted the Superior Court Probate and nothing has been filed. I know that there is a minimum of appx 50,000.00 dollars that should be mine alone, not to mention my other siblings trusts. Can I file a petition to administer their estate without my brothers permission without having to exclude him as executor?
3 Answers from Attorneys
Re: A Will has never been filed with Superior Court and My Mother died over 7 mo
You can do whatever you want to do!!! Why don't you just go see an attorney in get proper, confident, intelligence representation from someone specialized in probate who knows what to do it doesn't have to ask questions. Better for you, better for your siblings, and the judge will react much better.
Re: A Will has never been filed with Superior Court and My Mother died over 7 mo
Yes you can, but chances are the will is merely a pour over will, that leaves things to the trust. The trust then dictates how things are to be distributed. As a potential beneficiary, you are entitled to a copy of the trust upon written request.
If your brother does not provide a copy of the trust, or if you have evidence that he is not following the terms of the trust, you can file a petition to have him removed as trustee.
Re: A Will has never been filed with Superior Court and My Mother died over 7 mo
Wills are required to be filed within 30 days of someone's death, but as a practical matter they are often not if the estate doesn't require probate. You are also entitled to a copy of the trust and the statutory notice from the trustee, so I'd start there, and if you get no response from him, sue for a copy and his removal as trustee (if he is in fact the trustee).
You should also check the title of the house (if there is one) to see if it was changed when the new attorney did the later work.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
