Legal Question in Wills and Trusts in California

Re: wills

Beneficiaries are entitled to a copy of the will. Has probate been opened? Contact me directly 19 yeaers exp.

Re: wills

If this is a will we are talking about... if the will has been filed into probate, it is a public document. The executor should be able to give you a copy, but if they are unable or unwilling, then you should be able to get a copy at the court clerk's office at the county/city it was filed.

Re: wills

First check the Superior Court web site for your county whether the Will has been filed for probate by looking to see whether anything has been filed under your mother's name. If it has, go down to the courthouse and carefully read through the entire file, making copies of what is significant. Then go to the law library and read through some of the books written for lay people on what a Will entails [Nolo Press has some good books].

Then in writing [return receipt requested], ask your brother for a written explanation as to why he will not show you the Will, pointing out that you do have a legal right as you [probably] are a beneficiary, he has a legal obligation as the executor to file the Will for probate or to begin the process, unless the house is given to him and your other brother before your mother's death [even if they get it in the Will],they owe a reasonable rent to the estate for living there since your mother's death and unless they had an agreement with her before then for the rental market value they owe rent from when they first moved in. State that if he will not probate the Will, in order to reduce the amount of tax penalty for not filing the death taxes you will have to Petition the Court to open probate with you as the administrator since your brother has done nothing for 4 years and appears to have no intent to do anything. If you thinkl yhour brother will feel that you do not have the guts to follow thorugh on any of this, you need to spent the money to hire an attorney with some knowledge of estate law to write him a forceful letter to the above effect. someone like me could do it for $100 per hour and as the matter becomes more complicated you might need to retain a local counsel [if you are appointed administrator of the Will, then the estate would hire that attorney].

Since you have not done anything for 4 years, your brothers will anticipate you will not do anything now and can be bluffed away from doing something.

Good luck and push hard when you must.