Legal Question in Wills and Trusts in California

Re: how can I find my father's will?

If there is no will, property passes by "intestate succession". That means his wife would get 1/3 of his separate property and his children (assuming there are 2 or more) would receive 2/3.

Someone, other than your stepmother (since she has not done so) should petition the court to open probate.

One thing you need to remember is that if the property they owned together was either joint tenancy or community property, it would go directly to her.

Re: how can I find my father's will?

I agree with Mr. Koenen that you should consider filing a probate petition. Under that petition, you could consider filing an adversary petition that would allow you to take her deposition. This may lead to you finding your father's attorney, but may not if she "doesn't remember". Find a probate attorney located near your father's residence at the time of his death.

Re: how can I find my father's will?

Here are some suggestions:

1. Publish a classified ad in the newspaper of the city where your father lived.

2. Publish an ad in the county bar journal of the county where your father lived.

3. Start looking at yellow pages ads for the city where your father lived for probate practitioners.