Legal Question in Wills and Trusts in California

Wills & Trusts

My aunt recently passed away in California and it's been over 8 weeks and the Executor / Trustee has not given us any information. What recourse do we, the family, have? We don't even have a copy of a death certificate or cause of death. Please help.


Asked on 9/25/07, 2:42 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Wills & Trusts

If this happened in Southern California and you wish to retain counsel, please feel free to contact me directly giving as many facts as you can. You can order a death certificate yourself from the clerk or recorder of the county where she died.

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Answered on 9/25/07, 2:47 pm
Peter Ezanidis Donnellon & Ezanidis, LLC

Re: Wills & Trusts

I would suggesting contacting the probate court in California that is handling the estate. All the paperwork that the executor is required to file is more than likely available to you. If your aunt also had a trust, that information may be more difficult to obtain especially if you are not a beneficiary.

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Answered on 9/25/07, 2:55 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Wills & Trusts

I can't tell from your question if the decedent had a living trust, if all or only some of her property was in the trust, if she had one, etc. because of your reference to Executor / Trustee. Did she have a will? The term executor implies she did, but most people don't know that. So again, I can't tell what the facts are. If a probate has been opened there will be a record in the courthouse in the county in which your aunt resided when she died. Check with the clerk. If there is no probate, anyone interested in the estate can file for letters of administration at the courthouse and marshall the estate assets, determine if there was awill or not, and distribute any assets in her name at the time of death. If there is a successor trustee of a trust, the law requires that person to notify all beneficiaries and give them a copy of the trust document.

I am assuming from you post you reside in Ohio. I suggest you hire a lawyer in CA to represent your interest.

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Answered on 9/25/07, 4:11 pm


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