Legal Question in Wills and Trusts in California

Probate

I never received a copy of my fathers will and settlement. My brother was the executor and completed the probate without the use of an attorney. He sent me money but never gave me a copy of anything and I never attended any hearings. i requested copies of all records and he never sent me anything. How can I get a record of the will and all properties involved?


Asked on 1/29/09, 6:20 pm

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Probate

if the probate was properly handled by your brother, the will is lodged with the superior court clerk and the petition, account and order for distribution are available in the probate case file at the superior court in the county in which the estate was probated.

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Answered on 1/30/09, 12:11 pm
Scott Linden Scott H. Linden, Esq.

Re: Probate

I am sorry to hear of your father's passing and now the trouble you seem to be facing with your brother.

Based on the information you provided I believe the records should be available through the probate court itself.

If this did not pass through probate, though naming your brother as executor it sounds as if it did, then there are other steps that can be taken.

If you would like further assistance, please feel free to contact me at the email provided by LawGuru or through our firm's website at PasadenaEstatePlanning.com.

Scott

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Answered on 1/29/09, 7:20 pm


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