QUESTION
Can an executor choose not to file an existing will when filing for probate? If a will is tossed out in court would it be documented?
Asked on Mar 09th, 2017 on Wills and Probate - California
More details to this question:
My surviving sister is the executor of my dads estate who passed 12/30/16. After filing for probate she said the judge tossed out the will because the will did not include my 2 nieces. I can't see the entitlement and am not shown objective evidence of the will being tossed out. My dad purposely left my deceased sister and nieces out of the will for personal reasons. I don't think the will was submitted.
2 ANSWERS
Estate Litigation Attorney serving Redlands, CA
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You'll have to hire an attorney to check on the probate proceedings to find out what happened. Call an attorney for a full consultation.
Answered on Mar 24th, 2017 at 9:52 PM
Maryellen Sullivan
It sounds quite unlikely that the judge "tossed out" the Will because nieces were excluded. People are free to leave their assets to whomever they want. And, yes, there would be a record of this proceeding. As an heir, you also are entitled to notice of any probate proceedings.
Answered on Mar 14th, 2017 at 3:49 PM