BACKGROUND: 

I'm asking this question for my uncle.  He lives in CT and his father
and step mother (of 40 years) lived in CA.  His father died about
three years ago and everything went to his surviving wife of course.

My uncle was always told that he would inherit something in the
future.  Well, his step-mother died last year.  My uncle called her
son to express his sympathy.  The son has a reputation for being
manipulative.  Since the son made no mention of my uncle being in the
will, my uncle assumed that he was left nothing. My uncle is quite
passive, thus I am doing the questioning!

MY QUESTIONS:

1. Will a beneficiary always know if they are in a will in the state
of CA?  (when my mom died in CT, I never recieved anything about being
in her will, although I was).

2. Can the executor get away with not distrubuting money to a
beneficiary?  I'm sure legally they can't, but does someone oversee
what the executor does?

3. How can I request a copy of the will?

Thanks so much for your help!

---

Request for Question Clarification by tutuzdad-ga on 11 Jan 2006 17:20 PST

Dear cmd123-ga;

I wanted you to take a look at this material before I posted it as an
official answer. In lieu of actual legal advice please let me know if
this answers your question sufficiently. You will note that our
disclaimer prohibits us from providing legal advice but let me direct
you to some published material on the subject.

By reading the following links I believe you will find answers to most
of your questions. Take a look at the questions asked in which you
will learn answers to question similar to yours. This information
addresses issues concerning ?fiduciary duty? (which governs the acts
of the executor or appointed representative), interested parties who
believe they have rightful claims to estates, representatives who
distribute property to the wrong beneficiaries (or fail to give a
beneficiary his or her due according to the will), how to contest a
will, how to stay informed, and how to obtain copies. I recommend you
pay particular attention to the answers to these questions:

?Who can be the personal representative??

?What happens if the personal representative fails to perform his or her duty??

?What if someone objects to the Will??

?Who can contest a Will??

?As an heir, how do I stay informed of what is happening in the probate case?

?How can I find out if there was a Will?

SUPERIOR COURT OF CALIFORNIA SELF SERVICE CENTER
http://www.scselfservice.org/probate/prop/FrequentlyAskedQuestions2.htm#what
You may also find additional information concerning your questions
using the links on the left side of the page.

As for finding out if you are an heir, I found no statute that
provides for the automatic notification of a beneficiary. This is
especially true if the will is not probated, though there is a
fiduciary duty on the part of the executor or representative to carry
out the wishes of the decedent?s will. However, California Code
Probate Code Section 248-249.8 permits any interested party to file a
petition with the superior court of the county in which the property
or any part thereof is situated, and obtain information concerning the
?names, ages, and residences of the heirs, heirs of the body, issue or
children?.

California Codes
PROBATE CODE 
SECTION 248-249.8
http://www.megalaw.com/ca/cacodelink.php?codelink=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob@group=00001-01000@file=248-249.8

Again, if this meets your requirements please let me know.

Regards;
tutuzdad-ga

---

Clarification of Question by cmd123-ga on 11 Jan 2006 17:56 PST

tutuzdad, 

Yes, it looks like these links provide the info I need.  Thanks very much!!

Dear cmd123-ga;

Since you are agreeable to my information as an answer I am reposting
it here in order to officially answer your question:



You will note that our disclaimer prohibits us from providing legal
advice but let me direct you to some published material on the
subject.

By reading the following links I believe you will find answers to most
of your questions. Take a look at the questions asked in which you
will learn answers to question similar to yours. This information
addresses issues concerning ?fiduciary duty? (which governs the acts
of the executor or appointed representative), interested parties who
believe they have rightful claims to estates, representatives who
distribute property to the wrong beneficiaries (or fail to give a
beneficiary his or her due according to the will), how to contest a
will, how to stay informed, and how to obtain copies. I recommend you
pay particular attention to the answers to these questions:

?Who can be the personal representative??

?What happens if the personal representative fails to perform his or her duty??

?What if someone objects to the Will??

?Who can contest a Will??

?As an heir, how do I stay informed of what is happening in the probate case?

?How can I find out if there was a Will?

SUPERIOR COURT OF CALIFORNIA SELF SERVICE CENTER
http://www.scselfservice.org/probate/prop/FrequentlyAskedQuestions2.htm#what
You may also find additional information concerning your questions
using the links on the left side of the page.

As for finding out if you are an heir, there is no statute that
automatically caused a beneficiary to be notified. This is especially
true if the will is not probated, though there is a fiduciary duty on
the part of the executor or representative to carry out the wishes of
the decedent?s will. However, California Code Probate Code Section
248-249.8 permits any interested party to file a petition with the
superior court of the county in which the property or any part thereof
is situated, and obtain information concerning the ?names, ages, and
residences of the heirs, heirs of the body, issue or children?.

California Codes
PROBATE CODE 
SECTION 248-249.8
http://www.megalaw.com/ca/cacodelink.php?codelink=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob@group=00001-01000@file=248-249.8

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


OTHER INFORMATION SOURCES

CALIFORNIA CODE SEARCH
http://www.megalaw.com/ca/cacodesearch.php?codesection=prob&thecode=prob&codebody=&hits=20



SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:

California

Will

Probate

Law

Statute

Code

Heir

Very prompt and thorough answer.

Mention the county that the death occurred in and there is probably an
online site where you can check to see whether the will has been filed
and probated.  If it has been, you can write directly to the
courthouse to order copies of the probate file or visit the courthouse
in person if you wish.

4KEITH (I'm NOT a GOOGLE Researcher)
Accountant

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