Legal Question in Wills and Trusts in California
My aunt was my mother's twin sister. Apparently at some point my mother told her sister to not included me in her will/living trust. I learned about this from my aunt sometime later, and she asked if I would like to be included in the will, to which I told her we would be grateful. My mother also acknowledged she made a mistake, and asked her sister to put us in the living trust.
Some time later, my aunt fell and broke her hip, had complications and went downhill from there, until she was gone.
My oldest first cousin and a close friend of my aunt were listed as co-executors.
My aunt's husband and only son both died. Her immediate family and our family were so close, I considered my aunt and uncle my second parents, and they considered me a second son.
Q.Do I have a right to read the will(even though I am not listed as a beneficiary)? Since my aunt's intent to include me in the will(according to my mother, my aunt, and my first cousin) apparently was "unactioned", can I raise an objection to being left out of the will and let a Judge make a fair determination?
1 Answer from Attorneys
It would appear you would not be an heir entitled to a copy of the Will under intestacy laws, so the answer from the facts you provided would likely be no, you would not be able to get a copy of the will/Trust. However, if all beneficiaries do agree, they may be able to petition the court to amend the will/Trust to include you as a beneficiary. As such, you may have the best luck asking the other beneficiaries to consent to amend the will/Trust to include you. You should seek an estate attorney however, as there may be facts that are not presented here.
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