How long is normal time frame of the reading of the will if they have living trust.

Asked over 5 years ago - Sacramento, CA

My mom passed away two months ago , my brother is the executor of the estate, I have not heard anything from him regarding the will or living trust ..

Additional information

My father passed away November 3rd. my mother is the executrix and/or my brother executor. They say they are not ready for the reading of the will. In the meantime the 2nd "paragraph" of my Dad's will states that the stamp collection goes to me. The next "paragraph" states that everything else goes to Mom. My mother has told me that she may NOT give me the collection (which I started when a kid, and let my Dad "borrow" to give him something to do) and Mom has allowed my sister and her son to began taking the albums, pages of albums and rip stamps out.

Do I have any legal recourse? I live in NY

Attorney answers (2)

  1. Daniel Kenneth Printz

    Contributor Level 14

    Answered . By California law the Will should be deposited (or "lodged") with the Superior Court of the County in which your mother was living at the time she passed away.

  2. Janet Lee Brewer

    Pro

    Contributor Level 17

    Answered . I'm sorry about your mother's death.

    We don't have a formal "reading of the Will" or the trust in California, but your mother's Will should have been lodged in the probate court located in the county where she resided within 30 days after her death. Some counties have their probate records on line, so you can check the county's website to see if that's been done.

    If your mother prepared a living trust, you are supposed to receive a complete copy of it. You have a limited amount of time after you receive a "Notice to Beneficiaries" in which to file a contest if you disagree with the trust.

    And if the estate was worth less than $100,000 then there doesn't need to be a probate proceeding - the heirs can file an Affidavit for Small Estates to collect your mother's property.

    This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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