Legal Question in Wills and Trusts in California
Disposition of fathers will
How can I find out if my fathers will is still in probate or the status of distribution to his heirs? His new wife had her attorney write to me stating I was not to contact her & he will not return my calls. He died in 3/2003 & I was told he had amended or made codicils to his original will. Is there a statute of limitation? He had property in Texas & Ca. My mother predeceased him, & I don't know what this new woman (his wife of 1 1/2 years) has done with my mothers portion of his estate or family records of my relatives, family pictures etc. Are wills still filed & public record? Where could I go on line to get this info for Tx & Ca? Is there any thing else you need from me for more accurate info?
thank you
5 Answers from Attorneys
Re: Disposition of fathers will
Wills do need to be filed in the county where he last resided, and they are public record. In addition, if probate was filed, you should have received notice as an intestate heir. You should check the appropriate county court to see what, if anything, has been filed.
You should also check title records for his property, to see how it was held and whether it might be part of the probate process.
It's possible you're entitled to something, and it's also possible there were transfers made from him to her that are suspect.
Re: Disposition of fathers will
If your father lived in California, then the will is to be filed with the Superior Court in the county in which he resided. Each county has its own website, but I doubt that you will be able to read the will there. You would actually have to go to the courthouse to look at the file. You need to find the case number, and then file a request for special notice with the court.
Re: Disposition of fathers will
The status of your father's property in CA should be avaiable by checking with the county authorities in the counties where he lived or held property. It's not clear from your message whether he lived in TX or CA.
Wills are filed with the county superior court in CA and are a matter of public record; I have not seen any counties that make a copy of the will available online, but you can pay someone to go to the courthouse and make a copy of the will.
You can also search property records online to see if the property has been transferred out of his name to a new owner - many CA counties have put their official records indexes online, but I have not seen a county that makes the actual records available without paying for copies.
Re: Disposition of fathers will
you should have received notices related to a probate proceeding in the county where your father died. if you did not, it is likely that probate was not opened.
although you can file a petition for probate yourself, it is possible that any assets which existed in 2003 have been dissipated or cannot be located. in that case you may have legal recourse against whoever took assets improperly. however, it is also possible that all assets had been converted to joint ownership with your father's last wife before his death.
you should retain an attorney to assist you with the initial investigation and for any necessary legal action.
Re: Disposition of fathers will
Contact an attorney in the county where he died. Call me directly at (619) 222-3504.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
