Probate of Mom's will - was I included?

On Feb 21, 6:52 am, "Mr. Freeze" <freeconce...@hotmail.com> wrote:
> My mom died several years back, and at the time I was so upset that I
> didn't get too involved.

Sorry to hear about your loss.

> 1.) I never got a copy of the will.  She was a California resident.
> How can I get a copy of the will?

You leave many more questions unanswered than you ask.  Have you heard _nothing_ from anyone, in all these years, about your Mom's Will?   Generally, a legitimate child of the decedent is entitled to receive at least an initial notice of probate proceedings getting underway, but many states allow such "interested persons" to sign a paper waiving the right to receive any further notices from the probate court.  Are you _sure_ you never signed any such papers?

If you really didn't receive any notice at all, 2 likely possibilities spring to mind:

(1) your Mom planned her estate so that, as of her date of death, she did not actually own any property that would have had to pass through probate.   In that case, her Will (if she had one) would never have to be probated or made public in any way, since there was no property to pass under the Will.  For instance, she could have executed a Deed while still alive giving an undivided joint interest with right of survivorship (JTWROS) to someonie else as to some or all of her property (house, bank accounts, etc.), or could have placed it in a living trust.

(2) you were defrauded.   IMO, option (1) is far more likely.  But to make sure it wasn't option (2), you should at least inquire further to find out what you can.

Wills are supposed to be probated in the County where your Mom "resided" when she died.   That may or may not be the same county she died in, e.g. if she was at an out-of-county hospice or nursing home, frex.   If in doubt, check all of the possible counties.   You want to contact the Clerk of the general trial-level State Court (whatever it is called where you live: IIRC in CA it is the Superior Court) and find out which sub-office in that Court handles Wills.   If your Mom's Will has been submitted to probate, it will be a public document, and you can get a copy from the appropriate Court Clerk.

If the Will was never submitted to probate, your options are more limited.  Use whatever information and contacts you _do_ know about to ask more questions and find out more.  That's about all any of us can tell you on the skeletal facts you provided in your post.   Do you know who your Mom's attorney was who drafted the Will?   What other relatives might have had a role in executing the Will?   Talk to them, for pete's sake.   OTOH, if you are estranged from your family, it could be that keeping you in the dark is exactly what they want.

> 2.) Once I get a copy of the will, how can I assess whether it was
> properly executed and be certain I was fairly included?

Trust me, you probably weren't "included" or you would have heard something about it by now.   And "fair" is in the eye of the testator: your Mom had every right to leave all her property to her _other_ favorite child, OR to a charity, OR to her cat Fluffy.   What you want to find out is, IF in fact you were included, did you get everything that the Will says was coming to you?   If the answer to that is not obvious to you after you get ahold of a copy of the Will and find out what happened in probate (if anything), maybe you should call around and make an appointment with a local will-and-probate lawyer to see if they can help you further.  Good luck,

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