Learning of Any Will, Insurance, Trusts, & Related Withheld on Deceased Mother

[1PROper]

What is the name of your state? CA

My mother passed in 2005. Her death was kept from me until my estranged sister's attorney needed my signature on a settlement which has still not settled almost 2-yrs later.

This same sister and attorney have filed wrongful death and malpractice actions excluding me and my older estranged sister as plaintiffs. At the same both the sister and the attorney has refused to communicate and are withholding all and any info pertaining to my mother's death, i.e. will, life insurance, estate, trust and related that there are any or not (including location of her burial).

I have contacted the courts by phone and the county's website(s) since learning of her death. No probate or related have been filed with the courts in over 2-yrs.

Without question, I know I am an heir, and most likely my mother's wishes would had been for anything passed on to be split 3-ways amongst her only daughters.

I believe this sister is acting as an Administrator or Executor without legal authority.

What is the best way for me to learn of what I have a right to know regarding my mother's passing and all and any related info?

*The county she last resided, is a great distance away. The county she died in and was buried is the same I reside. Both the same state.

 

[moburkes]

Go to the county website. Look up probate court. Call the phone number and ask if probate has been opened for (your mother). Life insurance passes outside of probate. If you are the beneficiary, your sister cannot touch your portion of the money.

If your mother has a will, then it will be followed.

 

[Dandy Don]

If after checking at the county courthouse probate court you find that no action has been taken regarding your mother's estate, you can hire a probate attorney to open up probate and this will force sis to produce whatever information she has for court.

Also the wrongful death actions will most likely be public record if they take place in court. You can keep track of the court action by checking back regularly. You don't need to necessarily worry about being excluded as a plaintiff because if a settlement takes place it will most likely be payable to the estate, where the executor will have to distribute the proceeds to all legal heirs, but you can sue her for the money if you are excluded wrongfully.

You can get a copy of your mother's death certificate or an obituary notice from the newspaper to find out where she is buried.

My sympathies for having to deal with such a mean spirited sibling.

DANDY DON IN OKLAHOMA ([email protected])