Legal Question in Wills and Trusts in California
Disclosure to son of Will of his deceased father.
My Nephew, the son of my deceased Brother-in Law, has been trying for over a year to get a copy of the will he left. His sister, my niece, will not talk to him, or anyone, about it. Is he entitled to see if his Fater left him anything? His father had a Trust with his wife, my sister, but she will not talk about it. Thanks
2 Answers from Attorneys
Re: Disclosure to son of Will of his deceased father.
if a copy of the will or trust will not be provided, your nephew can retain an attorney and file a petition for probate in the county in which his father died. if all the property was in joint tenancy with someone else or held by the trust (with no provision for distribution to your nephew), however, it is possible that he would take nothing by the will or trust.
Re: Disclosure to son of Will of his deceased father.
There are specific requirement that must be met when there is a will or a trust when someone dies. Whoever is the named executor of the will or the successor trustee must take these actions, or they can be removed from their positions.
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