Legal Question in Wills and Trusts in California

The original will is supposed to be filed with the Court in the County where your friend's dad died. It doesn't cost anything to get a copy from the Dad's lawyer, so Step-Mom is not being honest. If no Probate was ever opened, they can threaten to open a Probate and seek their intestate share, which would be a lot more than the $10,000 each. I suggest they hire a lawyer to advise them.

I would agree that they should contact the dad's attorney. The attorney should keep a copy of documents drafted for clients and as such, it should be available with him. If there is a will, it would govern the distributions to beneficiaries. Under intestate succession, the children would be left some portion of the estate depending on how many children there are. The fact that the stepmother apparently did not show the children a copy of the will is suspicious, however. I would recommend your friends contact an attorney as soon as possible since thier father died a few years ago. If they would feel comfortable, I am an estate and probate attorney in Northern California and would be willing to discuss the issue in more detail to either handle the matter if they so choose or find a local attorney to assist them. I hope this answer helps.

In addition to what the others stated, if the attorney knows there is a valid will in his possession, and that the testator has died, then that attorney has a duty to file that will with the court.