P
probate confusion
Guest
My father died September of 2000 in California. All was left to our step-mother with the exception of one money market account, which was his separate property. My step-mother was the listed executor but has declined the responsibility. I am next in line. My step-mother is having a lawyer's office draw up a spousal property order to transfer all assets which were joint/community property. To date nothing has been processed in the county court. It is my understanding I have no recourse or legal rights to act as executor until our step-mother completes the necessary paperwork. I am beginning to become concerned about the amount of time which is passing without having the will filed, notices published, notification sent to beneficiaries. This is not a completed estate as there will be one money market account to submit to probate. Can my step-mother be held accountable for not fulfilling her obligations and why would a law firm not handle the basics when it is handling the transfer of property? How does one find a lawyer to answer questions without handling the minor probate proceedings? Thank you in advance for any guidance.