Legal Question in Wills and Trusts in California

Changing of will

Did my mother have the legal right to change my father's will after he died, and can I obtain a copy of the original will somewhere?


Asked on 4/25/07, 12:11 pm

2 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: Changing of will

I think we need more information here. When you say your mother changed your father's will after he died, what exactley do you mean? A persons will is set at their death, their is generally not "changes" done to it after that point. If what you are saying is your Mother rewrote your father's will after his death, contact an attorney immediately. If the will was "modified" by a court order, or your Mother and Father had a trust, then it is a completely different situation.

If you are talking about a will, and it has been filed with the court due to probate proceedings, then a copy of it should be on file in your county of record and available to you. If you think your mother modified it before it was submitted to a court, then you are going to have a hard time finding an "original" copy. Even if you could locate one (such as the attorney who drafted it) then you might not have the right to even recieve a copy from them. And if you are really talking about a trust, then the rules are completely different and you probably will not be able to get a copy unless you are a named beneficiary.

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Answered on 4/26/07, 12:48 pm
Jeb Burton The Burton Law Firm

Re: Changing of will

I think we need more information here. When you say your mother changed your father's will after he died, what exactley do you mean? A persons will is set at their death, their is generally not "changes" done to it after that point. If what you are saying is your Mother rewrote your father's will after his death, contact an attorney immediately. If the will was "modified" by a court order, or your Mother and Father had a trust, then it is a completely different situation.

If you are talking about a will, and it has been filed with the court due to probate proceedings, then a copy of it should be on file in your county of record and available to you. If you think your mother modified it before it was submitted to a court, then you are going to have a hard time finding an "original" copy. Even if you could locate one (such as the attorney who drafted it) then you might not have the right to even recieve a copy from them. And if you are really talking about a trust, then the rules are completely different and you probably will not be able to get a copy unless you are a named beneficiary, trustee or have some other legal right to it.

Read more
Answered on 4/26/07, 12:48 pm


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