What are my rights as an only child of a mother who died with a will?

Your uncle as her personal representative should serve you with all paperwork. If he has not done so, you can petition the court yourself. You should consult a probate attorney to review all of the facts and advise you.

You can petition for the probating of your Mother's estate which will provide a place to sort things out. You will share if her estate (assets in her own name alone) exceeds $150,000. and there's no will.

There is usually no "reading of the will" any more, that's way old-school. However, yes, her will matters, and her instructions should be carried out. The will should be submitted for probate. You have the right to notice of the probate, at least, even if your mother disinherited you.

The will should be filed in probate. Ask your uncle why he has not done so.

You say in your Question that your mother died without a will, but in the Question Detail you ask if her will is suppose to be read. If she has no will, how can it be read? Notwithstanding that, California has no requirement that there be at any time a reading of a will. California does require that the person holding the will of a decedent, lodge that will with the clerk of the Superior Court in which the decedent resided within 30 days after the date of death of the decedent. The failure to do so can result in that person be treated as if he or she gave up the right to act as an executor of the will. How was your mother's brother put in charge? If by a power of attorney, his right to act terminated on your mother's death. If by a will, has the will been probated and has he been appointed as the personal representative of the estate by the probate court? If your mother has a valid will, then her estate property would be distributed according to her will. If your mother has no will, her estate property would be distributed to her heirs at law. As she is married, any community property between her and her husband, goes to him. Any of her separate property, because she has at least one child, would be divided between her children and her husband. If you are an only child, it would be 1/2 to you and 1/2 to your step-father. If your mother has more than one child, then her separate property would go 1/3 to your step-father and 2/3 divided between the children. Not all property is estate property subject to distribution according to a will or intestate laws. Life insurance or retirement accounts that has a beneficiary will be distributed to the beneficiary. Joint tenancy property will go to the surviving joint tenant.

Assuming you are 18 yrs, you can petition to be appointed executor of your mother's will by have the assistance of a probate lawyer. You need to consult with a probate lawyer immediately to protect your rights to assets, if any. Your mother's will is supposed to be filed with the court within 30 days of death; if that has not happened, you should advise your uncle to do so immediately, which will allow you to obtain a copy from the court; the uncle may give you a copy if you ask.

The answer depends on a number of things. What does the Will say? How are the assets titled? If the assets are all joint with your step-father, then they belong to him, now, regardless what the Will says. If the assets were all in your mom's name alone, then your situation is more complex and you should see an attorney to review the documents.

If you cannot get a copy of the will, once they file it with the court you will be able to view it. Since you are not the executor, you have no rights to manage probate.

It is up to your uncle to file your mother's will with the local probate court, notify the heirs and immediate family members, gather the assets, notify and pay off the creditors, pay any taxes due, and then distribute the remainder of the estates as directed by the will. You and your step-father have no official role or responsibilities. If you are still a minor, your mother may have had some obligation to provide for you and/or name a guardian until you reach the age of majority.

You have a right to see the will. You have the right to anything given to you in it. If you are not mentioned in the will, then you have the right to half of your mother's separate property or to divide 2/3 of it with your siblings if you are not an only child.

Reading of the will is a dramatic devise for TV no such thing in the real world. Ask for a copy; you are entitled to it.

The Will should be filed with the clerk of court in the county where your father lived (supposed to be filed within 30 days). Once filed, anyone can get a copy from the court, or you could ask them for a copy. From there, it just depends on what the Will says and what's in your mother's estate, if anything.

You are a presumed heir and have rights.