Legal Question in Wills and Trusts in California
Wills & Probate
My great-aunt died recently and my mother is executor of the will. I've been told for years that I am in my great-aunt's will but since she passed my mother isn't talking. Since I am not comfortable with confronting my mother, do I have other options? I've checked with the county courthouse where the aunt resided but there is no record of a will. Are there conditions under which a will wouldn't need to be filed? Does it make a difference if her assets are in one state but at the time she died she lived in another?
3 Answers from Attorneys
Re: Wills & Probate
Yes. It makes a difference if real estate assets are in a State different from her residence. They have to be probated in the locale of the real estate.
It could be that no one has yet awaken to the fact that a Will is not self-executing and must be probated to prove the validity of the will. Therefore the may be no probate filed yet.
How do you know that your mother is executrix under the will if there is no record of a will?
Re: Wills & Probate
check the courts in all counties where she has property.
if she owns real property check the deed. if it mentions a trust, then your mother may not have to open probate.
Re: Wills & Probate
The will should be filed in the county in which your great-aunt lived at the time of her death.
If you know who your great-aunt's attorney was you could contact him or her.
Other than that- as a practical matter about all you can do is ask any of her friends or relatives if she ever discussed a will.
It is possible she didnt have a will- If you don't feel comfortable asking your mother about it perhaps you have a friend or relative who could ask her.
I don't know when your great-aunt died- but you might want to check the probate records in the county in which she last resided again to see if anything has been filed yet.
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