Legal Question in Wills and Trusts in California

Wills & Trust

My great-grandfather recently passed away. His daughter has not been notified of anything regarding the will/trust. I'm not sure which it is. Her step-mother handles everything on her fathers behalf. If she is named in the trust/will is there a time frame of when she should be notified of what the will/trust says? Does she have to pursue this information on her own or does the step-mother contact her?


Asked on 10/03/07, 2:10 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Wills & Trust

It would have help greatly if you had defined "recently" by using the actual date I would know how big a delay it has been. If not too difficult, go to the court house in the county where he lived [or you might be able to do it at the court's web site]and see if there is any probate filing opened for him. Otherwise, call the Probate Clerk to see if you can get the information. If it is a trust, there will be no court record unless a suit is filed.

There is no fixed time period for notification. You do not state how friendly the step-mother is to you, etc. Diplomatically try to find out if there is a trust or will and who the heirs,etc., are. Ask her if she is handling it well, does she need any financial help or did he take care of her thru a will or trust, does she need any help in handling it, can you help by notifying the heirs, does she need any help if filing for probate. It is best if you go to her home with some food you made and take with her directly so you seem interested in her and not the money.

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Answered on 10/03/07, 3:23 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Wills & Trust

Under the law the successor trustee of a trust must notify all beneficiaries and provide a copy of the trust document to beneficiaries. That doesn't mean they do it. The daughter should discuss the matter with the step mom and determine if there is a will or a trust or what. Then, she should ask for copies and inquire about the step-mother's intentions about what she is going to do and when.

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Answered on 10/03/07, 3:34 pm


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