CA deadline to submit a will to county clerk?

[tingtong]

California, Los Angeles County
There is a probate hearing 'Decedent's Estate' scheduled for late January 2020.

Mom had dementia and a sister of mine was awarded conservatorship. Sister and I are not on speaking terms.

I found out about Mom's death more than a month after the fact by chance. No one reached out to me. My US mailing address has remained the same for years and my email address is well known to family members. The lawyer for the conservator declared Mom died intestate. I have since told the lawyer otherwise.

I live overseas, a long distance from California, not an easy journey.
I have Mom's will, which was done by a California attorney and notarized, in a safe deposit box in California.
I have electronic copies here with me.

I believe I'm at a big disadvantage because no one tried to contact me about Mom's death or to ask if I had her will.

Is there some kind of deadline to submit the will?

Given the circumstances, overseas, late notification, can I hope for some flexibility to submit the will to the county clerk?

Is there any way to contact the county clerk and at least make them aware of the situation before I make the long journey back to California?

 

[Taxing Matters]

Is there any way to contact the county clerk and at least make them aware of the situation before I make the long journey back to California?

You need to get the actual will lodged with the court before anything can be done with it. Since you have copies, look at the will and see what it says. Does it divide the estate up any differently than intestate succession law does? And how do you come out under each? If you need to buy time to get the will lodged, contact a CA probate attorney to see what can be done.

 

[tingtong]

You need to get the actual will lodged with the court before anything can be done with it. Since you have copies, look at the will and see what it says. Does it divide the estate up any differently than intestate succession law does? And how do you come out under each? If you need to buy time to get the will lodged, contact a CA probate attorney to see what can be done.

The will definitely benefits me and one other sibling, we are the only beneficiaries. Other siblings, including the conservator, are named but are not beneficiaries.

 

[Taxing Matters]

The will definitely benefits me and one other sibling, we are the only beneficiaries. Other siblings, including the conservator, are named but are not beneficiaries.

Then you need act sooner than later to get that will lodged for probate. See about contacting a probate attorney for help. The attorney might, for example, be able to retrieve the will from the safe deposit box for you with a power of attorney and, of course, possession of the safe deposit box keys. There may be other options for dealing with this too. But what you don't want is the estate starting to make distributions based on intestacy before you get that will submitted to the court. Once the distributions are made you may have a devil of a time getting them back.

 

[tingtong]

Then you need act sooner than later to get that will lodged for probate. See about contacting a probate attorney for help. The attorney might, for example, be able to retrieve the will from the safe deposit box for you with a power of attorney and, of course, possession of the safe deposit box keys. There may be other options for dealing with this too. But what you don't want is the estate starting to make distributions based on intestacy before you get that will submitted to the court. Once the distributions are made you may have a devil of a time getting them back.

Thanks.

The safe deposit box is in a different part of the state. I could try to give POA to one of my children but that sounds like a challenge while I'm in a different country.

The attorney who did the will, who is in a different CA county, has photocopies of the original signed will. Would it possible for that attorney to send those signed copies to a probate attorney in LA County to be lodged with the county clerk until I can produce the originals?

It seems that if an original will were lost the signed copy from an attorney would be allowable.

 

[Taxing Matters]

It seems that if an original will were lost the signed copy from an attorney would be allowable.

In many states a copy is simply not good enough. Why? Because under the common law one recognized way to revoke your will is for you to destroy it. Thus the lack of an original could indicate that the testator (person who made the will) revoked it, in which case the copies would not help you. Now if there was some other evidence to indicate that the testator did not intend to revoke the will then perhaps a copy would be accepted. Ask the attorney holding the copies what can be done.

 

[tingtong]

In many states a copy is simply not good enough. Why? Because under the common law one recognized way to revoke your will is for you to destroy it. Thus the lack of an original could indicate that the testator (person who made the will) revoked it, in which case the copies would help you. Now if there was some other evidence to indicate that the testator did not intend to revoke the will then perhaps a copy would be accepted. Ask the attorney holding the copies what can be done.

What you say about a copy makes sense. I am now in contact with a probate lawyer and I'm giving in to the reality that I need to return sooner than later to retrieve the will. Thanks very much for the helpful advice.

 

[Dandy Don]

Was the will written before or after your mother had been diagnosed with dementia?

How is the sibling/conservator listed in the will--please show the exact language used, without mentioning the person's name.

 

[Taxing Matters]

Was the will written before or after your mother had been diagnosed with dementia?

How is the sibling/conservator listed in the will--please show the exact language used, without mentioning the person's name.

Those things go issues relating to the validity of the will, which is not yet an issue. The OP's issue right now is just getting the will lodged in the first place. Until that is done, nothing else about the will matters.

 

[tingtong]

Was the will written before or after your mother had been diagnosed with dementia?

How is the sibling/conservator listed in the will--please show the exact language used, without mentioning the person's name.

Mom had some short term memory issues but was fully functional at the time she did the Will. Still driving, shopping, tidy home etc. She had good reasons, based on my siblings behavior, to have her Will written as it is.


*Ringo became the conservator later

FIRST. I have four (4) children living whose names are:
John, George, Paul, *Ringo.

I have no other children living, and no deceased children survived by living issue.

SECOND. I give all "......estate items listed......" equally to my two children, John and George, share and share alike ....

*Later near the end of Will:

I declare that except as otherwise provided in this Will, I have intentionally omitted to provide herein for my heirs living at the time of my death.

 

[tingtong]

Those things go issues relating to the validity of the will, which is not yet an issue. The OP's issue right now is just getting the will lodged in the first place. Until that is done, nothing else about the will matters.

Thanks but I don't mind additional input even if not directly related to my original questions. It may give me a glimpse into what could come in the future.