Sacramento, CA asked in Contracts, Real Estate Law, Elder Law and Probate for California

Q: my mom left a will she split up the assets to me and my siblingshowever I wasnt told what my part was. My sis my trust

Sis wants to kick me out of the house i thought was mine given in will

2 Lawyer Answers
Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: If your mother had a valid Will you need to obtain a copy of the Will. The Will may have been lodged with the superior court where your mother resided on her death. If your mother owned real property in her name and not jointly and the real property has a fair market value of more than $150,000 a probate would need to be opened. You might inquire if your sister opened a probate. If she is not cooperative you might check with the probate clerk in the county where your mother resided to see if a probate has been opened. Once you obtain a copy of the Will you will know what additional steps should be taken to assure your mother's formal wishes are honored. If a probate is necessary and has not been opened you might consider retaining a competent probate attorney to assist you.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: First you need to know what exactly the Will and/or the Trust left you.

If you do not have a copy of the Will, then ask the executor (in writing) and if you don't want to wait you can go the Probate court and get a copy (assuming that the Probate process was started).

If there was a Trust, then you have the right under the California Probate Code to have a copy of the Trust and to know what is going on with it. Ask the Trustee, again in writing, for a copy of the Trust. If they won't give it to you then it is time to go see a judge.

If the house was part of the Trust, then the Trust declares what happens to it. If the house was NOT part of the Trust, then the Will controls.

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