Legal Question in Wills and Trusts in California
My aunt has recently passed away, in her will she left her current husband use of her estate, but when he dies her estate goes to myself and a relative in Holland. Will I receive a copy of the will. Or with this wording can he change all assets to his name? My aunt explained how she changed her will, but I did not receive a copy, can I request one since I have been named in the will? My aunt lived in San Juan Capistrano, CA
2 Answers from Attorneys
Wills are required to be lodged with the superior court of the county in which the decedent last lived (although that's not always done). You may be able to review it at the courthouse (if you are in California), or give power of attorney to someone to do that for you. Certainly, you can request that her husband send you that portion of the will in which you are named (or the entire will). Whether he will do so is another story.
I agree with Mr. Cohen. You can request one, but when it is lodged wiht the court, you would be able to go to that courthouse and obtain a copy. Once probate proceedings are commenced, you may also want to file and serve a Request for Special Notice.
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