Q: Probate w/o a will began 05/2024 in California.....a will was found in late August, does the court have to honor it?
The deceased died 2016 & his brother appointed himself to be in charge claiming there was no will. That brother did nothing for but empty the deceaseds bank accounts & sell some property. When the brother who appointed himself on charge died in July 2023 (w/o starting probate) their to sister started probate 04/2024 on the estate of the brother that died in 2016 . A will was found by the court appointed administrator in the deceased house during clean up. Without a will the estate went to the deceased person's siblings (both parents dead no wife/kids) the will that was found leaves everything to his mom if living and to a niece if she isn't. This was also what was done with both life insurance policies his mom if alive his niece if she wasn't. Will the court honor it even though it was found after probate started 6 yr plus after death w/o a will? The deceased lived/died in California which is where estate is and where will was found.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California probate cases, when a valid will is discovered after probate has begun, the court can and often does consider the newly found will - even years after death. The timing of discovery isn't as important as proving the will's authenticity and validity.
Your situation has some complexity because assets were already handled improperly by the brother who took unauthorized actions. The court will need to examine the will's legitimacy, including proper signatures, witnesses, and dating. If verified as legitimate, the court is likely to honor the deceased's written wishes, which would mean the estate should pass to the niece (since the mother is presumably deceased).
You should immediately notify the court-appointed administrator about this will discovery and provide all documentation possible. Given the previous mishandling of assets by the brother, the court may also investigate ways to recover improperly distributed property or funds. Consider working with a probate attorney who can help present the will to the court and potentially challenge any improper asset distributions that occurred before the formal probate began.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
