Legal Question in Wills and Trusts in California

Family will question.

Is there any way possible to check to see if I was included in my Grandfathers will? Was advised that when I am the age of 25, I am to receive something special as instructed in my Grandfathers will. I recently turned 25, though have not heard anything regarding this old family rumor.


Asked on 4/02/02, 9:29 pm

3 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Family will question.

Check the probate court in the county in which your grand father died, and see if they probated his Will.

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Answered on 4/02/02, 10:46 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: Family will question.

If the probate court probated the will, the will will be in the court file. If not, then you should ask all of your relatives to see a copy of the will. It sounds like there is a trust involved and there must be a trust instrument as well. Yes, you certainly have the right to see the will and the trust instrument. Check around your family members and find out who was supposed to distribute this money to you. That would be your trustee. Ask your trustee to see a copy of the trust. As beneficiary to this trust you had the right to look at the trust instrument at the time your interested vested which is the day your parent died. If there is no trust instrument then you are relying on the will and that means you need to start asking questions to find out where your money is.

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Answered on 4/02/02, 11:01 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Family will question.

Check the county records where the probate would have been filed--if it was filed, the will should be there.

It's also possible the money is being held in a "custodial" account for you by a custodian--this is outside the court's jurisdiction, and you wouldn't know about it until the custodian told you.

The best way to start is by asking the people who told you the "rumor." They can point you in the right direction, to the people/person who may be holding the money for you.

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Answered on 4/03/02, 1:43 am


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