Montebello, CA asked in Probate for California

Q: my mother died oct 30 ,2016, I do not speak to my brother who also was her conservator, I have no knowlege if there is

will or trust, I have contacted the conservators attorney for the info, she has not responded to my request, we are talking about a 1 million dollar estate. What do you suggest

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2 Lawyer Answers
Michael Ellis Freedman
Michael Ellis Freedman
Answered
  • Probate Lawyer
  • San Francisco, CA
  • Licensed in California

A: If your mother was not married, then your mother's children are her intestate heirs and you are entitled to proper notice, whether your mother had a will, a trust or died intestate. You are also entitled to the conservatorship pleadings filed. Although the conservatorship is now at an end, the conservator will be required to file a final accounting and you should file a request for special notice in the conservatorship and remind the attorney that you are entitled to receive a copy of the final accounting. You have a right to file objections in the conservatorship. If your mother had a trust, you are entitled to notice by the trustee of the trust. However, usually, if one had a conservatorship, it is unlikely they had a trust, or even a will. I would assume, because she had no estate plans, she died intestate. If that is case, any of her children have the same priority to petition for letters of administration. You could commence the petition for letters. Try a written letter to the attorney requesting a copy of the conservatorship pleadings, any will or trust, or court order for a substituted judgment, which would be a will or trust permitted by court order.

Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: I'm sorry to hear of your loss. You could talk to your brother about what whether or not your mother had a will and if he intends to initiate a probate action. He'll need your current address to give notice to you. If you don't get cooperation from him, then you can initiate your own probate action of her estate.

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