Legal Question in Wills and Trusts in California

Wills

10 days ago my Wife's ex-boyfriend passed away. Pretty sure he left her either a car or house. Surviving relatives dislike wife. Are we required to be notified of Will or do I need to pursue? Any time limit?


Asked on 3/25/08, 4:27 pm

3 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Wills

If your wife is a beneficiary, they she will get notice. Make sure ex's family has your wife's address. You should also consider checking the court file to see if an estate has been open.

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Answered on 3/31/08, 12:42 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Wills

There is no time limit for a probate, but they are usually filed close to the time of death in the county where the person died.If your wife is a named beneficiary in a probated will, then she'd be entitled to notice of a formal probate proceeding. The problem is that there may not be a formal probate, which would be problematic if your wife was going to receive only personal property (i.e. like a car). The only way to be sure would be to get an attorney to look into it for her to safeguard her potential rights.

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Answered on 3/25/08, 7:48 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Wills

His assets must be distributed through a probate if there is a will, which is the only way an ex-girl friend would get anything. Check with the clerk of the probate court to see if a probate is opened. The will will be filed in the court file.

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Answered on 3/25/08, 9:15 pm


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