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Executor question

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mbg1

Junior Member
What is the name of your state (only U.S. law)? CA

My step mother has passed. My father (her husband) passed 3 years earlier. She told the neighbor that she wanted me to be the executor of the estate if something should happen to her shortly before her passing. She also designated my brother and I as benifactors of her IRA in 2005. She called me three months ago and told me this as well.
When I arrived in CA to take care of the burial and estate I found an old will that she had typed up in 1993. She named my father as the executor and heir and a freind of hers as the executor and heir if my father had passed.
I also found a written note giving money to her neighbor.
My question is who is now the executor of the estate? I started the process of her burial etc.. but am not sure if I should proceed or if I need to contact the lady in the will dated in 1993. I have not been able to find any other papers related to this.
I also beleive I may be able to find more information if I contact the person handling her IRA. Sorry this is long I just want to make sure the right thing happens.
 


mbg1

Junior Member
thank you for the quick response. Does this mean that I have to go to the court house and inform them of the death? I appoligize for the naive question but I am clueless in this situation. I did not know that the court was even to be involved. unless someone contested the will etc...
 

tecate

Member
Look at Probate Code Section 8200 for your duties. You might also redouble your efforts to find a more recent will or something (like an invoice or check or business card) indicating whether she recently paid an attorney to draw one up. It doesn't make sense for her to talk about a 15 yr old will with you and the neighbor, but it does make sense if she recently signed a new one. Also, look for evidence of a safe deposit box or a saved file on her computer.
 

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