Legal Question in Wills and Trusts in California

If all your father's assets were held in a living trust, probate may not be required. Even if that is the case, there should be a (pour-over) Will which is required to be lodged with the Clerk of Court in the county where your father resided. If you and your siblings are beneficiaries under a trust (even remainder beneficiaries) your stepmother (if she is the trustee) is required to send you a statutory notice, and a copy of the terms of the trust on your request. It's worth your while to get a lawyer to write a letter, and perhaps to file an action in the probate court if you get no response. If your dad had no will or trust, assets held in joint tenancy with your stepmother will go to her, but assets held in his name alone which were his separate property (owned before their marriage) should go partly to his kids. For the property which has been in the family a long time, and any other properties you know the addresses for, check with the local Recorder's Office to see how title is held. If any are in your dad's name alone, and no will has been lodged, you can file a petition for letters of administration. It is best to consult an attorney.

Ms. Cusack is entirely correct. Since the rental income may be at least $15,000 per month, and once spent it may be very difficult to get it back, you need to act quickly. As yor step-mother has not acted correctly in handling the estate or trust assets, you have a good chance of the court not appointing her to be the administrator of the Will.

You are going to have to speak to a probate attorney, and be prepared to answer questions such as how was title to the property held, did you father have a will, was there a trust, etc.? Be prepared to produce these documents.