Mothers Will have not seen it yet

[jodilynn519]

What is the name of your state (only U.S. law)? California, My mother just recently passed and my sister is executor , want I wanted to know is about the will none of my siblings have seen the will or read we are just trusting my sister about what my mom wanted all of us to have as far as belongings.

Well lets start from the beginning , I have been taking care of my mother for the last 2 years I moved in with her because she needed 24 hour care. Which I did not mind. I took care of her to the end. Now she passed away at age 89 , and my sister is executor of the will, which is fine I am ok with that, my sister told me that I have 3 months to stay here in my moms home than the house is going up for sale. My sister told me wherever I go she will help me, with the rent or whatever I choose to do. But my siblings I have 2 sister's and 2 brothers and, we have not seen the will at all. I think that all of us should see the will. What should I do????

 

[Silverplum]

What is the name of your state (only U.S. law)? California, My mother just recently passed and my sister is executor , want I wanted to know is about the will none of my siblings have seen the will or read we are just trusting my sister about what my mom wanted all of us to have as far as belongings.

Well lets start from the beginning , I have been taking care of my mother for the last 2 years I moved in with her because she needed 24 hour care. Which I did not mind. I took care of her to the end. Now she passed away at age 89 , and my sister is executor of the will, which is fine I am ok with that, my sister told me that I have 3 months to stay here in my moms home than the house is going up for sale. My sister told me wherever I go she will help me, with the rent or whatever I choose to do. But my siblings I have 2 sister's and 2 brothers and, we have not seen the will at all. I think that all of us should see the will. What should I do????

According to this page (http://www.courts.ca.gov/8865.htm) the custodian of the will has 30 days to give it to the executor to file for probate. I do not see where the beneficiaries are required to be given copies.

More CA info, for completeness: http://www.sfsuperiorcourt.org/divisions/probate/wills-decedents

My sympathies for your loss.

 

[latigo]

What is the name of your state (only U.S. law)? California, My mother just recently passed and my sister is executor , want I wanted to know is about the will none of my siblings have seen the will or read we are just trusting my sister about what my mom wanted all of us to have as far as belongings.

Well lets start from the beginning , I have been taking care of my mother for the last 2 years I moved in with her because she needed 24 hour care. Which I did not mind. I took care of her to the end. Now she passed away at age 89 , and my sister is executor of the will, which is fine I am ok with that, my sister told me that I have 3 months to stay here in my moms home than the house is going up for sale. My sister told me wherever I go she will help me, with the rent or whatever I choose to do. But my siblings I have 2 sister's and 2 brothers and, we have not seen the will at all. I think that all of us should see the will. What should I do????

Sorry for your loss.

Curiously though if you haven't seen the will, how do you know who mom nominated to be appointed to administer her estate?

Anyway, here is something that should be of interest to you.

California Probate Code Section 8200 (in part).

" (a). . . . . the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:

(1) Deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered.

(2) Mail a copy of the will to the person named in the will as executor, if the person’s whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person’s whereabouts is known to the custodian.

(b) A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure. . . . . "

I suggest that you communicate with the superior court of the county where in your mother resided to learn if the will has been filed. If so, it is a matter of public record. If not and 30-days have elapsed since your mom's passing, you should make appropriate inquiries.