Legal Question in Wills and Trusts in California
Access to deceased father's Will
My father passed away about a month ago. My step mother is not providing any information about his Will or Living Trust or whatever document he prepared. I know he had prepared something and did not die intestate. I know it is possible to avoid probate, but does his will (under any circumstances) need be filed in Orange County, CA, where he resided? Can anyone get a copy of his Will? I'm his first born son and would like to read his Will. Thank you.
3 Answers from Attorneys
Re: Access to deceased father's Will
The will, if one exists, is required to be filed with the superior court in the county in which he resided.
If there was a trust, you are entitled to receive a copy of that trust. If she claims that there is no will or trust, his estate could be required to be probated through the court.
Re: Access to deceased father's Will
The trustee is required by law to provide you with a copy of the trust (assuming there is a trust and you are a beneficiary.)
The will must go through probate.
These days, estate planning attorneys almost always draft a will and a trust together for clients, thus there is a good chance there is both a will and a trust here.
Re: Access to deceased father's Will
If you are a beneficiary to a trust you are entitled to a copy. If there was a will it needs to be filed in Orange County Superior. For assisatance call me directly at 6192223504.
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