Legal Question in Wills and Trusts in California
Does an heir who's been told they've been disinherited have a rigbt to see for himself or just expected to believe it and leave it at that? I am that heir, the oldest child of 3, whos father just passed, whom I cared for and lived with, and was told by a text message from my uncle who is the executor that I've been disinherited but wont tell me what language was used or anything and wont let me see for myself if he's even telling me the truth or what because he doesn't like me to begin with and it seems to give him pleasure to tell me that. If I was disinherited can I make a direct contest of it. How does it work? I've read a few web site articles but I don't understand all the ins and ohts.
3 Answers from Attorneys
You can force the issue by filing a petition to probate his estate and then serve your uncle.
You should be able to see the last will of your father if it is being probated. And if he had a trust, you have a right to review the trust as well. If you would like to discuss your matter in detail, feel free to call me at 818.347.0264
If he is really the executor, then he has been appointed as the executor of a court with letters testamentary. That means there is a case filing and the will should be lodged with the court. If the will is lodged with the court, you should be able to go to the courthouse and get a copy.
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