Legal Question in Wills and Trusts in California

My father passed away in October of 2008. My mother was suffering from advanced Alzheimer's. I have two sisters and a brother. They didn't inform me of my father's passing. As a matter of fact, my brother took extra measures to make sure I didn't find out. I found my father's name listed in the soc. Sec. death index, eight months after he died. I phoned my brother to get an explanation, and he said he simply didn't feel obligated to tell me, because in his opinion, I didn't call him often enough. Just a few months before my father died, my brother convinced them to move into his house, so at the time of that phone call, my mother was living there. I asked my brother to keep me up-to-date on how mom was doing. Three weeks later, she died. Again no one notified me. I learned of her passing the same way that I learned about my father; on the internet.

Before my mother became ill, she confided in me that she and dad had a will. She said that it was set up so that everything would be divided four ways, between myself and my three siblings. She said she wanted me to be the executor. That may have changed, or not, I don't know. It's been almost four months since my mother died, and no one has called me. I've tried to call my brother, but he won't take my calls.

Is there anything I can do to find out if in fact there was a will? I would also like to know the arrangements that were made for them. I don't have any way of knowing even if they were cremated or buried. My brother made it a point NOT to tell me, and I think there must be a reason. I'd like to know what it is. Do I have any legal recourse?


Asked on 11/06/09, 5:41 am

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

If you believe there was a will and there was a total gross estate value of $100K or more (basically if they owned a house the estate will most likely qualify), then a Probate needed to be started to execute the will.

I suggest you check with the local court, local to where each of your parents resided when they passed away, and see if a Probate action was started under their name. If so, you should be able to request a copy of the documents through the proceeding. As a natural issue (child) of them, you have legal rights, unless you were specifically disinhereted in the will/trust, but the document will have to say so.

If you have been intentionally not included, but you are a beneficiary, then you certainly have legal recourse against whomever is acting as the executor/trustee for the estate.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through my website located at PasadenaEstatePlanning.com

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Answered on 11/11/09, 2:37 pm


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