Legal Question in Wills and Trusts in California
execution of the will/trust
my grandfather always said the
grandchildren would be well taken
care of when he passed. How long
does my grandma have to give us a
copy of the will if we are named as
beneficiaries? Do we get to see the
whole will or just what pertains to
us?
1 Answer from Attorneys
Re: execution of the will/trust
this depends upon whether or not he had a will or a revocable trust (with a pourover will). with a trust a notice to beneficiaries and heirs at law is usually send after first death (although not required). see probate code section 16061 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
with a will only, if probate is required beneficiaries and heirs at law should receive notice of the probate proceeding.
see probate code section 8110 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
in any case the custodian of the original will is required to lodge the will with the superior court in the county in which the decedent resided. see probate code section 8200 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
you should retain an qualified attorney in the county where your grandfather lived to assist with attempting to obtain copies of documents and advise regarding any actions you should take.