Legal Question in Wills and Trusts in California
childrens rights
my mother died 2 yrs. ago. She told me she had a will my step father says she didn't and won't give any information...is there a way to find out if she did? How much is the approximate cost to have a search by an attorney?
1 Answer from Attorneys
Re: childrens rights
Unless you know the name of the attorney who drafted the will, it is pretty hard to prove the existence of one without having the physical will itself.
That being said, how long ago was your mother married to your step-father? Did she own any property prior to the marriage? The reason is that your step-father would only have rights to the community property, anything that she aquired prior to the marriage should pass intestate to her heirs.
It would be reasonable to assume that your step-father will (or has) filed a spousal property petition, you may want to file a contest to this.
If you would like to discusss your situation in a private forum, please feel free to contact me directly at the email provided by LawGuru or through our firm's site PasadenaEstatePlanning.com.
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