How to find a will in California? Los Angeles County Probate Lawyer

DO YOU WANT TO LEARN HOW TO FIND A WILL IN CALIFORNIA?

1.  Look in Decedent’s home.

2.  Look in the deceased’s safety deposit box.

3.  Ask any known attorney of the decedent.

4.  Ask the CPA.

5.  Look for things that many not look like a will.   Notebooks with writings.  Journals.  Loose papers of the decedent.

6.  Go to the Courthouse (Los Angeles County Probate Court) and ask the registrar of wills if a will has been placed there for safekeeping.

7.  Look for handwritten wills.  They may be on plain paper, or a will may have even been written on a napkin!  These are called holographic wills and can be very useful.

Mina Sirkin is an attorney in California who has spent the last 25 years helping families find peace, and file wills  in probate estates in California.  Contact: MSirkin@SirkinLaw.com or call 818.340.4479.  Web: LosAngelesProbateLawyer.com.

Sirkin Law Group’s probate attorneys and lawyer regularly serve the following cities and areas in Los Angeles County, Ventura County, Orange County, Santa Barbara County. San Fernando Valley; Bell Canyon,Woodland Hills Calabasas Conservatorship & Elder Law, Complex Conservatorships, Complex Estates, Contested Conservatorship Litigation Woodland Hills & Los angeles,  Hidden Hills, Elder Law Woodland Hills, Conservatorship Woodland Hills,  West Hills, Los Angeles, Glendale, ProbateAttorneyLosAngeles, LosAngelesProbateAttorney, Calabasas, Woodland Hills Elder Law, Agoura, El Segundo, Westchester, Marina Del Rey, Venice, San Marino, Altadena, Eagle Rock, Alhambra, Downtown Los Angeles, Van Nuys, Pasadena, Studio City, West Los Angeles, Beverly Hills, Burbank, LosAngeles, Encino, Tarzana, Woodland Hills, Reseda, North Hills, West Hills, Winnetka, Agoura Hills, Sunland, Studio City, Universal City, North Hollywood, Sylmar, Northridge, North Hills, Granada Hills, Pacoima, Simi Valley, Canoga Park, Woodland Hills Conservatorship Attorney, East Los Angeles, Woodland Hills Elder Law Attorney,  West Hollywood, West Los Angeles, Chatsworth, Santa Monica, Culver City, Los Angeles, Woodland Hills Elder Law, West Hollywood, Anaheim, Playa Del Rey,, Marina Del Rey, Conservatorship, Woodland Hills, Venice, Santa Monica, Malibu, Culver City, Elder Law Conservatorship Woodland Hills Calabasas, Manhattan Beach, Hermosa Beach, Redondo Beach, Los Angeles California, Trust Litigation La County, Torrance, Pacific Palisades, LosAngelesProbate, Pasadena, Glendale, Burbank, Long Beach, Newport Beach, Costa Mesa,Irvine, Laguna, Laguna Hills, Laguna Niguel, Newport Beach, Tustin, Fullerton, Los Angeles, Santa Ana, Los Angeles and Santa Barbara. Westlake Village, Thousand Oaks, Sherman Oaks, Studio City.   Practice areas: Los Angeles Probate Attorney, Probate Attorney Los Angeles, CA Probate Law, Probate Litigation Los Angeles, Trust Litigation Los Angeles, Probate Lawyer Los Angeles. Probate, Trust, Conservatorship, Special Needs Trusts, Los Angeles Conservatorship Attorney, Estate Planning, Conservatorship Litigation, Trust Litigation, and Probate Litigation areas. Los Angeles Probate Lawyer & Probate Attorney Los Angeles

 

Replacing an Executor or Trustee in Los Angeles County

You can replace an executor or trustee in Los Angeles County for many reasons.   Below is a list of how to and reasons to remove and replace an executor or trustee.
REASONS FOR REMOVING AN EXECUTOR OR TRUSTEE:
  1.  The executor or trustee has mismanaged the assets of the estate or trust.  This means any loss to the trust or estate, or any personal profit by the executor or trustee.
  2. The executor or trustee has not accounted after an order by the court.
  3. The executor or trustee is fighting with the beneficiaries and has an adverse personal interest in the estate or trust.
  4. The executor or trustee has died.
  5. The executor or trustee has become ill and cannot handle the affairs of the estate or trust.
  6. The executor or trustee has stolen money from the trust or estate.
  7. The executor or trustee has personally profited from the estate or trust, unless the trust or will specifically allows for that.

HOW TO REMOVE AN EXECUTOR OR TRUSTEE?

Generally, if the issue is simply rendering an accounting, the beneficiary will formally request the accounting, and the executor or trustee within a reasonable amount of time (usually 60) days will account.  If that does not occur, and a court orders the executor or trustee to account, and the executor or trustee does not comply, then there is good cause to remove the executor or trustee.
The existence of “good cause” depends on the language of the will or trust.   It is commonly not permissible to remove an executor without good cause.   A prolonged illness which renders an executor or trustee unable to act, is usually good cause, as is death.   Theft and mismanagement are also good causes, but do require proof of those in court.

CAREFUL CONSIDERATIONS IN REMOVING AN EXECUTOR OR TRUSTEE:

If you are found not to have good cause to remove or replace a trustee, the court can deem that as an indirect attack against a will or trust, and deem it a contest, which can sometimes result in loss of a beneficiary’s rights, where there is a no contest clause.   California courts can also assess attorney’s fees and costs, where the beneficiary has acted unreasonably in contesting an accounting.

WHEN TO HIRE US TO REPLACE AN EXECUTOR OR TRUSTEE:

If you find that your situation meets any of the reasons to remove or replace an executor or trustee in Los Angeles, call Mina Sirkin, Board Certified Specialist in Estate Planning, Probate and Trusts in Los Angeles County, California.   Call: 818-340-4479 for appointments or email: Info@SirkinLaw.com.  We can help in removing and replacing an executor, or trustee in Los Angeles County, Woodland Hills, Glendale, & Pasadena.