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Nate
Nate, Attorney
Category: Estate Law
Satisfied Customers: 10567
Experience:  Over 10 years of legal estate experience.
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Do I have the right to see the Trust and/or Will of my recently

Resolved Question:

Do I have the right to see the Trust and/or Will of my recently deceased brother? He resided in California and so do I.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Nate replied 1 year ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

As a prospective beneficiary, you or his nephews can open a probate proceeding and have the will ordered produced. At that point everyone would be able to see its contents and the family can ensure that its terms are followed. If his wife refuses to produce the will she can be held in contempt and jailed until she agrees to produce it. Once produced, the named executor will be given letters of administration and can go about executing the terms of the will.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate

Customer: replied 1 year ago.

Brother died June 22 - she says that he didn't have a Will, just the Trust and she is named as executor. Would she already have opened a probate proceeding? How would I find this out?


 

Expert:  Nate replied 1 year ago.
If there is just a trust, then there won't be a probate proceeding. One of the benefits of the trust is that you avoid court and probate entirely.

If you have a reasonable belief that the trust is not being followed you can still go to court and ask for a court order making her follow the terms of the trust. She would have to produce it at that point and the judge can determine whether it is being properly followed.

Nate, Attorney
Category: Estate Law
Satisfied Customers: 10567
Experience: Over 10 years of legal estate experience.
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