Withholding a will

[pbeltran]

What is the name of your state (only U.S. law)? California.

My friend is listed on an estate her parents left to all siblings. My friend's sister has withheld the will and carries the only copy herself, not letting others named in the will to see it or obtain a copy for 13 years. What rights does my friend have to obtain a copy of the will. My friends sister is attempting to remove my friend within 30 days from the house her parents owned and listed in the will to be split between all the siblings and in fact pays rent in the amount of 500 dollars a month cash to the sister who holds the will. What rights does my friend have to a) obtain a copy of the will and b) to remain in the house which their parents owned?

 

[anteater]

The parents have been dead for 13 years? And the will has not been submitted for probate? Seriously?

Your friend should consult with a probate/estate attorney and petition to open probate, asking the court to order the sister to produce the will.

In the meantime, advise her to avoid indulging in any drama with the sister.

 

[pbeltran]

Not sure if it has or has not been submitted for probate. She's coming over to discuss. We are trying to find out her options and direction on where to start. Thanks for the response.

 

[justalayman]

a will is basically meaningless unless it is submitted to probate. It is surely not enforceable until probate is opened and the will submitted.

 

[pbeltran]

Thanks, one more question....There is the house she lives in that belonged to her parents. Is there a way to gather information on the house and possibly the probate information from public record and how long is that information on record?

 

[justalayman]

the record is held virtually forever but if probate has not been opened, you will not find anything.

what kind of info are you looking for concerning the house?

 

[anteater]

Yes, she can find how the house is owned from the county. Information may even be on line.

Probate records are also public. In CA the county Superior Court handles probate.

But, if probate had been opened, she almost certainly would have known. CA gets very sticky about the proper notices getting to the interested parties.

 

[pbeltran]

My friend's sister is trying to oust her from any proceedings of the estate. My friend wants to know what rights she has to the house she grew up in and prevent the sister from evicting her. Keep in mind that my friend has been living in this house for the past 5 years and paying the sister rent monthly in cash at the demand of the sister. Now the sister wants to evict my friend over a family squabble involving my friend's son where my friend has no fault in.

Thanks again for any information that may help her start to obtain the information to protect herself.

 

[justalayman]

My friend wants to know what rights she has to the house she grew up in and prevent the sister from evicting her.

well, as it stands, there is nobody that has the authority to evict her since sis has not opened probate and been named executor. She owed her sister no rent either.

whether she will be able to remain in the house is going to depend on the results of the probate or estate administration.

 

[pbeltran]

Thank you all for your suggestions. She will be happy with the direction she needs to dig this up. I can now help her with the right places to start.

Thanks again.