Legal Question in Wills and Trusts in California
Finding a Will
My English-born mother died suddenly in California
where she lived in recent years. I, her daughter, cannot
find her Will or life insurance policy, although her sister
and brother are adamant these exist. Any ideas for
tracing these documents?
3 Answers from Attorneys
Re: Finding a Will
There simply is no easy way to find a will. Friends may know of her lawyer. Looking in safe deposit boxes and the like may help. As far as life insurance policies, they may be kept in the same place as the will. You can find out who the life insurance company is when they send the next bill. The same may be true of safe deposit boxes.
If there is no will, then through intestate succession, the estate generally goes to her children, assuming no living husband.
I strongly recommend you contact an attorney. If I can be of assistance, please feel free to contact me at (408) 268-2580.
Sincerely,
Kai H. Wessels, Esq.
Re: Finding a Will
Can be very tough to find a will. Probably the best would be to start a probate in the county of residence at death. Good luck.
Re: Finding a Will
Finding the will may be difficult. You and your siblings will have the best idea of where it might be, i.e., her residence, safety deposit box, attorney, etc.
Without a will her property passes through a system called "intestate succession" and goes to those people the state typically believes people want it to go to, i.e., first to spouse, then children, etc.
If you want to discuss representation I would be happy to.
J. Caleb Donner
DONNER & DONNER
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