Legal Question in Wills and Trusts in California
Father Died, lived in Thailand, Re-married, 1st wife has will
There is a safety deposit box in CA in the deceased name we would like to get into, but have no keys. The deceased's 1st wife has an old will leaving her everything. There is no other will that we know of. The deceased's widow lives in Thailand. There is no other property other than what's in the box. The bank wants a court order before they will open the box. What steps need to be taken to get a court order? Does it have to go thru probate? How can I, the deceased son, or the 1st wife get into the box? What happens to the contents once the box is opened?
2 Answers from Attorneys
Re: Father Died, lived in Thailand, Re-married, 1st wife has will
Under California Probate Code, the first wife will receive nothing, even if the will left everything to her. Once the parties are divorced, they are treated as if they pre-deceased the testator.
There may be a need for probate, if the estate is over $100,000 in value. Without knowing more facts, my first impression would be to apply to the Probate Court to have a special administrator appointed, and then get the court order.
Re: Father Died, lived in Thailand, Re-married, 1st wife has will
If the old will was made during or before the first marriage, the first wife will be disinherited. The new wife would be entitled to his half of the community property, and up to one-half of the separate property of his. If the old will mentions other beneficiaries, their gifts would likely stand--if there aren't other beneficiaries named, his children will receive a share. As his son, you can petition the court to be appointed executor (if nominated in the will) or special administrator to open the probate and be allowed access to the safe deposit box.
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