QUESTION
how long do you have to file a will and trust with the court in California?
Asked on Mar 06th, 2014 on Trusts and Estates - California
More details to this question:
My mother died 6 weeks ago. My brother is listed as executor in the trust. He doesnt want to do it,niether does his wife who is listed as alternate.He is too busy to even call a lawyer. He will not return any calls.
1 ANSWER
Taxation Attorney serving Santa Monica, CA
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Whoever is in possession of the original will is supposed to file it with the court clerk for safekeeping within 60 days following the testatrix's death. Many don't do it, and there's really no penalty for not doing so unless someone complains (and even then I'm not certain anything will happen other than the court ordering the person to file the will). But if your mom had a revocable trust, it is possible (perhaps even likely) that no further court action will be needed. If your brother is trustee of that trust, he is supposed to give all beneficiaries notice of their right to see the trust. Again, the timing is 60 days. Your recourse if he fails to do so is to file a petition with the Probate Court.
Answered on Mar 07th, 2014 at 12:42 AM