Legal Question in Wills and Trusts in California

Re: Dying without a will

If your father had a will or a trust, that would control as to who his estate is distributed to. If a will has been filed, you can get a copy of the will from the county where it was recorded (often you can do this online). If there was no will or trust, the estate should have been probated, and you should have had an interest in your Dad's property. The place to start is unfortunately with your stepmother, you need to find out if there was a trust or a will. Because you are a blood child, and an interested party, you have a right to the documents. I would start with your stepmom, if she refuses to tell you, I would see if the estate has been probated. There will either be a copy of the will on record with the county, something with the county saying that the probateable assets were not great enough to warrant probate (either because of a trust, or a lack of assets). If nothing is on record, then most likely your stepmother was delinquent in filing for probate. You could force the issue by filing probate yourself. Regardless, she is the place to start.