Legal Question in Wills and Trusts in California
Access to wills and attorneys of record
My father died a few years ago, leaving a wife. He & her had made wills, leaving the remaining estate to the survivor, then when that one died, the balance would be divided among the 8 children, 4 being his. The executor (one of her daughters) never gave us a copy and we didn't feel that we needed one. Two years ago, my fathers� wife died. I found that she had changed her will to a trust and left everything to her children. I do not have any paperwork of my fathers, so I�m not able to contact his attorney. I�ve tried to find out but to no avail. I cannot talk to her children, as they are the ones that got everything. I don�t know where to go now. Can you help please?
2 Answers from Attorneys
Re: Access to wills and attorneys of record
The will should have been recorded in Superior Court in the county in which your father passed away. Even so, the will may not have protected you in the manner a trust would have.
Re: Access to wills and attorneys of record
Agree with other reponse. As part of the probate process, the will would be filed (and become public record). Assuming that the will simply transferred property to surviving spouse, the spouse can typically pass property without restriction.
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