Legal Question in Wills and Trusts in California
How do i get a copy of my deseased dad's will ?
My father (Harold William Bitterman) died Feburary 15th 2003 in Victorville California (San Burnadino County). I contacted my 4th step mother, his wife, who refuses to write me or answer my letters.
I am the only born child and my father told me for years that I was ''going to be taken care of in his will, and my two children'', but at his death nothing happened? Are there laws that require them to record his will?
He had Altzimer's so he could NOT HAVE changed his will after he told me this for years. From 1983 - 1987 he repeated it constantly - he was reportedly ill in 1987 according to signs of the illness he was bad.
He was an absentee father whom I saw only three times befor may 16th birthday. I saw him for a while in the 60's (with his then wife Marie) but I moved back to Nevada in 1969 and later in 1983 found him again.
STATE FILE NUMBER 3 052003 025294. HIS SSI #520-01-0914 ??
Because he died of Altzimer's (per my step-mother Opal) I asked her to tell me when the onset was and how I could give my doctor information about his illness to prevent my inheriting it. She refused to answer that was 4/2003.
It took me many months to get a copy from the state of his death certificate (9/2004) so now I have stats.
2 Answers from Attorneys
Re: How do i get a copy of my deseased dad's will ?
It is not required that a Will be recorded and you do not know if he revoked the last Will he made, and thereafter did not make any further Will. You also do not know if someone destroyed his Last Will, which if that was done, then his estate would go to his heirs according to state law. You should search the probate court records in the county where he resided at the time of his death, and any other county where he owned real property. You could also search the title records to see if he transferred the title to real property he owned, during his life time. Further, you could bring an action in the probate court to seek information and facts regarding his estate, and the disposition thereof. A lawyer letter to the spouse may cause her to be more forthcoming.
Re: How do i get a copy of my deseased dad's will ?
If your stepmom will not cooperate, it may be time to file your own probate. Filing such an action will force mom to step up and challenge your attempt to distribute your father's estate. If she has lost or destroyed the will, the intesticy laws will require that 2/3rds of his estate be distributed to you and your brother. Of course, there may also be an issue of asset movement. If she is not responding, it sounds to me like she has something to hide. Contact an attorney as soon as possible.
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