Legal Question in Wills and Trusts in California

Generally, the estate funds would be used to pay final expenses either directly or in reimbursement. Individuals that pay for last expenses such as funeral arrangments may have a vaild claim against the estate for reimbursement.

With respect to wills, the will would generally be filed in probate court and distributed to beneficiaries or natural heirs. Also, some divorce agreements include provisions that state that an ex does not receive any inheritance from the decedent spouse. These are things you should probably discuss with an attorney to make sure your interests are protected.

I am sorry to hear about the passing of your father.

In addition to Mr. Reid's answer, I would like to add that if your father passed away in California and his assets subject to probate have a gross value over $100,000, then the Will has to be admitted to probate. With the probate process, you receive a copy of the Will and you also can file a creditor's claim for the funeral expenses you paid.

If your father and his ex-wife were divorced after the date of the Will, the probate code provides that she cannot act as the executor and any gift to her is revoked. However, if the Will was prepared after the dissolution of the marriage, then the nomination of your ex-stepmother and the gifts to her are valid.

As Mr. Reid suggests, you should discuss your options with an attorney.