Legal Question in Wills and Trusts in California
will
My niece was included in the will of
her father which stipulated the step-
mother have control of the sums of
money given to her and the
conditions under which the money is
given. My niece is thirty-two years
old. She is subjected to rather
humiliating circumstances and wants
to get her share free from the
constraints and arbitrary decisions of
the step-mother who is the legal
executor of the will. The step-
mother's character is questionable.
Does my niece have recourse? She
has not been shown all the probate
papers. Thank you in advance. JBeck
2 Answers from Attorneys
Re: will
you need to first obtain a copy of the will or trust. if there was a probate, the file can be reviewed at the superior court. if not, your niece will need to request a copy in writing, and when it is not received, file a petition with the probate department. a qualified attorney should be retained to provide advice and prepare any necessary documents.
Re: will
She should be able to see all the papers filed with the court, and if she hasn't seen them yet, she can check the court's file and also file a "Request for Special Notice" to get future filings.
Regarding more freedom from her stepmother, I'd have an attorney review the will to see what can and can't be done. Trustees have obligations to beneficiaries, and if they withhold distributions without good reason, a petition can be filed with the court to force a distribution.
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.
