What are my rights if my mother died and my siblings are not sharing any of the estate with me?

UPDATED: Sep 6, 2014

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What are my rights if my mother died and my siblings are not sharing any of the estate with me?

They won’t show me the Will and have told me there isn’t one. Is there someplace a Will would be on file so I can see what my mother wanted done with her property? I have no idea what attorney she used, if any.

Asked on September 6, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  If there is no Will, as your siblings say, then the estate passes via the intestacy statute and you would share equally.  Any estate proceeding would be filed in the Probate Court in the county in which your Mother resided at the time of her death.  A Will would be included - if there was one - in the filing.  It is a public record and a good place for you to start.  You should have received notice of any filing of an estate proceeding but it sounds as if everything is being hidden from you.  I strongly suggest you seek legal help.  Good luck.

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