Legal Question in Wills and Trusts in California
How do I find out if I am in my Father's will?
My Father passed away on December 28, 2006. My Father's will was held in a living trust. He has 2 adult children and 8 adult step-children from 2 other marriages. In October, my step-mother mentioned that he left some funds to my estranged sister in his will. I assume he also left something in my name, but I do not have a copy of his will. His wife stopped talking to me before he died. Who is legally responsible to execute his will, and what happens if it is never executed? How do I proceed?
2 Answers from Attorneys
Re: How do I find out if I am in my Father's will?
Initiating probate would answer most, if not all, of your questions herein. You should retain legal counsel asap to assist you in these important legal matters.
Re: How do I find out if I am in my Father's will?
You should retain an attorney to determine how to proceed.
If your father had a will, it should have been lodged with the court in the county in which he died by the person in possession of the original. see PROBATE CODE SECTION 8200 through 8203 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
If he had a trust and you are a beneficiary, you should have received a notice from the trustee. see PROBATE CODE SECTION 16060 through 16064 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
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