Legal Question in Wills and Trusts in California
How can my father be sure that he was left out of his brother's will?
My father was promised by his brother that he was left $200,000 in his will. My father's brother also told him that he should get a lawyer to make sure that he was not cheated. My father's sister-in-law told my parents that her brother would get their estate. Approximately two years ago his brother passed away and his wife recently passed away. The only remaining relatives are her brother and my father. Her brother called my father to tell him that his sister passed away. My father asked him if he was in the will. He said that he was the sole heir. Should he just take his word for it? Since my father lives in another state, how can this be checked out?
2 Answers from Attorneys
Re: How can my father be sure that he was left out of his brother's will?
Your first step is to contact the probate court in the county where the decedent resided to see if the will has been filed and if a probate estate has been opened. When a will is filed, it becomes public record. You can request a copy of the filed will from the court.
Re: How can my father be sure that he was left out of his brother's will?
You can retain an attorney in the State where he died. You need to find out whether the estate was probated, whether there was a will, etc.