Legal Question in Wills and Trusts in California
Hi, I lost a real property valued at $800,000 due to the County I live in not filing my father's will. At first they took the will in and gave me a receipt. The next day they called me up and said for me to pick up the will because they said it wasn't the original, and stamped, "copy" on the front page. I had the will checked out and it is definitely the original. It has original ink, you can see silver lines in the ink with a magnifier. When you make a copy of this will, the silver lines are not in the copy. Anyway can I sue the county for their negligence? I still have the receipt showing that I tried to file it.
2 Answers from Attorneys
Filing the will with the county does not do anything. You have to file a petition for probate to have the will admitted to probate. The court determines the wills validity. See a probate attorney ( if it is not to late to do so).
I see no claim against the County here. It is hard to see how the County's action is anything other than a good faith mistake, or why it caused you to lose the property.
You need to speak with a probate or real estate attorney here. That wil likely be more efficient for you than trying to do this yourself.
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