Legal Question in Wills and Trusts in California
My biological father died in march of 2010, in Rancho Penasquitos, California. My stepsister, whom he adopted, told me that there was no will. My father had called in June of 2009 to get personal information from because, he told me, that he was rewriting his will. My question is this: How do I find out if there was a new will filed, and how do I go about acquiring a copy of said will.
2 Answers from Attorneys
Finding a will can sometimes prove difficult. If there is no will, then you may be entitled to inherit from his Estate through intestate (statutory) succession, assuming there are assets subject to Probate. For example, assets (such as a house) held in joint tenancy are not subject to Probate because they pass to the surviving joint tenant. Same with bank accounts that have a Pay on Death designation. What you should do is meet with an attorney and determine if you should open a Probate (or find out if anyone ese has).
You would need to find the will, or find an open probate to determine whether there was a will. You may have to search several counties' courthouses to find an open probate, depending on where assets were, and where your father died. (If they were all in Rancho Penasquitos, your search is a lot narrower.)
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