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My Sister's Will

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Terri Lynn

Junior Member
What is the name of your state?What is the name of your state?California
My sister passed a year ago and a copy of her Will was just located. It was dated Jan. 1992 leaving her estate equally to me and another sister, with myself as Executor. Before she passed she had a child and also got married, but never updated her will because her husband drinks and drives. She was afraid he would loose everything. Thus nothing was ever put into his name (house, cars, etc.). My brother-in-law's attorney said that my sister and I are not entitled to anything, the courts will decide how it is divided between husband and son. This is fine, I want to see my nephew taken care of. I just found out that there are stocks just found that were in my Great Aunt's and Mothers name. (Mother passed Nov. 1991). When I spoke with my sister about this she said if the courts decide that this is separate property and would be divided between us I should keep it. She said this is because, when my mother passed, her Will said that my sister who just passed and I were to inherit Mother's estate equally. My now deceased sister was Executor. I did not read my mother's Will and believed my sister when she told me mom left everything to her. This is confusing me terribly. If it was true shouldn't the Attorney have contacted me if I were an heir? I am trying to get a copy of my Mother's Will and having a problem doing so. What about the stocks? Would I also have to try and locate my Great Aunt's Will? I tried the courts in the city my Mother lived with no luck. My sister has two bank accounts that are still frozen and I know that one has a safe deposit box, I am hoping that it will contain the Wills when we can open them. Thanks!
 
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BelizeBreeze

Senior Member
So, you want to take advice from your brother-in-law's attorney? Then you get what you deserve.

Otherwise, consult with your OWN probate attorney.
 

Dandy Don

Senior Member
Yes, you need to try to locate your great aunt's will and find out the name and address of her executor. So what is the problem with getting a copy of your mother's will--that should be fairly simple--the office should be able to tell you whether one was probated or not--a simple yes or no.

Anyway, you need to see what these wills say before you proceed, and get a probate attorney's assistance to help you interpret them properly. Probate may still be needed for the stocks to determine whether you are the sole heir or not or whether anyone else is entitled to a share of them.

DANDY DON IN OKLAHOMA ([email protected])
 

Terri Lynn

Junior Member
California
I want to thank you for your advice about "taking advice from my brother-in-law's attorney." I only sat in on this meeting to get a feel of where I stand, and see what my brother-in-law and his Attorney had to say. I haven't signed any papers, she is not my Attorney. I called my Sister's old Attorney and found my Mother and Great Aunt's Will's. I should be receiving them by mail today. I am new to this and didn't realize there was so much to do. I want every thing and every one to be happy and no friction in the family. I just thought I could get some advice and/or help from some one who might know the laws of California regarding a child & husband's rights to a Will that was done before they were even around. Thanks again to both of you for your help and your finger, it pointed me in the right direction :)
 
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