wills not executed

[tbruce1701]

Hello
My mom's husband died and in his will he left about $5k to my 3 kids, we didn't know about this until about 6 mo. ago. this man died in 1992. I wrote the executer a letter about this but no answer. Is this a civil matter or is it a criminal one. this happened in Riverside co. Ca. the executer, is his son.
Thanks

 

[ALawyer]

It depends what was done; for example if he intentionally filed false statements with the court it could have been criminal. BUT the statutes of limitations are a real problem.

Go to the Probate Section in the Superior Court at the county courthouse where the deceased lived and check the file.

 

[advisor10]

MAY 31, 2001

DEAR TBRUCE:

(1) Who was it who informed you about the $5K left to the kids?

(2) Did the executor have your address and or phone number in 1992 so that he could have been able to contact you if necessary?

(3) Get copies of everything in the probate file as it will give you a complete overview of how everything in the estate was handled.

(4) Find out from the courthouse or from another attorney whether or not executors are required to be bonded. If they are, then if it is discovered that monies have been stolen from beneficiaries, then the beneficiaries can file a claim with the bond insurance company to recover that money.

Give the executor a chance to explain the reason why he did not inform you about this money--there just might be a valid excuse (although I don't think that will happen), and he just might be able to come up with the money on his own, without any legal action being necessary. If he doesn't respond, then I guess you will have to retain an attorney to file suit to get the money, in the event that you can't recover the loss from the bonding insurance company.

Fight for your rights and stand up for what rightfully belongs to your children--be patient and persistent, and you will eventually have all the information you need to win!

SINCERELY,

[email protected]