Legal Question in Wills and Trusts in California
My father passed away more than two weeks ago. We have not heard anything regarding his will. His new wife married him 7 yeas ago because he was ill with Alzheimers.. We believe he changed his will and now want to know what is going on. Do we have any recourse and is there a statute that runs on this type of thing. She told us she didn't want to discuss anything until after 40 days.
1 Answer from Attorneys
The 40 days is probably because that's the waiting period before she can claim any assets by the small estate affidavit process (for estates with assets under $100,000 in value), like bank accounts or investment accounts. If he has real estate, you can check title to see whether it was changed too. If there is a will, she's required to file it with the county court within 30 days of his death, so you can ask her to do this, and you may need to pressure her with an attorney to reveal what she knows--it sounds like she wants to hide things and get whatever money there is in her hands before she talks to you, if ever.
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