Legal Question in Wills and Trusts in California
My father past away and he has a will. But my step mom has not said anything about it. Dose she have to let us see it?
3 Answers from Attorneys
Sorry about your Dad. You're not in the will anymore, or she burned it. Pick one.
There are probate code sections that says you are entitled to see portions of the will or Trust. Better check with an attorney. Probate Code section 6146 or around there.
"Check with an attorney?" Aren't we attorneys?
I'm sorry for your recent loss.
The general rule is that the will must be filed with the court. That is usually the first time everyone sees the will. My big question to you is how do you know for sure he had a will, if you had not seen it? If the property was in his name, it is not going to end up in the step mother's name without going through probate.
You may want to contact the attorney who prepared the will, if you can, and let them know that your father passed. The attorney may have the will, or a copy of the will.