Legal Question in Wills and Trusts in California
Wills and Probate
My father died in Riverside, CA on May 4, 2008 after a three week illness. He had resided in Temecula, CA for the previous 3 years. If he had a will, where would it be probated at? My stepmother and I have no communication. My stepmother has been giving items to my other brother and sister, as well as her children (not my dad's). Is there a way I can get a copy of his will if he had one to make sure of his intents? I know he had one , just dont know how to get a copy of one. Thanks
1 Answer from Attorneys
Re: Wills and Probate
The probate would normally be at the place of your dad's residence. Will or no will, you could try to find out by filing a petition for probate in the court that hears all probate matters of any decease person residing in Temecula, CA. The petition may cost between $800 to $1500 in court and publication fees, plus attorney's fees, but these costs may be refunded from the estate of your dad, provided he left assets in his estate. If not, you will probably not recoup the filing costs and retainer paid to the attorney.
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