Legal Question in Wills and Trusts in California

Re: Finding out if a will was made

You have the right to obtain the information. One strategy is to see if he filed a will with the local court, although often this is not done. Another strategy would be to file a probate for your father; that will force your stepmother to come forward with estate planning documents or potentially lose some or all of her rights. If that seems to extreme, sometimes a demand letter from an attorney will get the noncommunicative relative to participate in the process.

Good luck.

Re: Finding out if a will was made

Sorry to hear of your father's passing and the issues that have now arisen with your step-mother. In short, I agree with attorney Schomer.

Unfortunately, this is a common problem and often-times step-children receive the brunt of this.

I've found that the letter from the attorney is the least intrusive, least expensive means to get an expedited answer...but not always. I've sent many a letter to the most obstinate of people; sometimes they respond, sometimes they ignore it as an "idle threat". This is, however, probably your best starting point.

Probate is costly and can take a very long time. This will, however, freeze some assets.

Some starting questions include: does she have any natural children? Did your father own a home? Did he purchase this with her or before her? Do you know of any insurance policies on him? (These pass by the naming of a beneficiary instead of through Probate or a trust or will.)

You can learn a little more about the Probate process at my web site at www.No2Probate.com or please feel free to cal me for a free consultation at 626-578-0708 ext.4.

Scott