Legal Question in Wills and Trusts in California
Hi, My father passed away Dec. 2009, Sacramento CA. I am his daughter, I live in MN. I am trying to see if I have a right to see a copy of his will or trust. I have gone to the www.saccourt.ca.gov/probate site and put dates and name in and there is no records. How would I go about getting this info?
I was called 3 days after he passed by his wife (second) to let me know he passed and how broke she was was and had to borrow to have his services. I asked if she was going to be okay, she said yes and we have not talked since. About a month later I received and envelope that had all of the kids and grandkids pictures saying she thought we would like these.
I am his only biological child still living. If I have a right to see a copy of his will/trust how do I go about doing so?
Thank you for any answers you may have.
1 Answer from Attorneys
You should have a right to a will or Trust as you are an heir to the estate. The search you speak of is the Sacramento County Court's online case system. If you did not see your father's name on there, he may have had a trust, or no probate was every opened in his estate. If he has a will or trust, you should be given it by whoever is in possession of the documents.
Otherwise, according to California law you should be the closest living relative and may need to open a probate if he had assets. Feel free to contact me if you have any follow up questions as I am located in Sacramento County,