Legal Question in Wills and Trusts in California
my mother recently passed away. i know for a fact she had a living will. my older brother has it and he made copies for all my brothers and sisters except for me. i know that she left my daughter some money for her college and some money for me so i can pay off my house. how do i go about getting a copy of that will?
1 Answer from Attorneys
If you believe that you, and your daughter, are beneficiaries, then you can make a claim to the Probate Court for a copy of the testimentary document. The executor will be required, under Court Order, to provide this to you. Actually, they were required to do so when they became executor. I recommend starting with sending written demand for a copy. This will get the clock ticking for the executor to respond. (Is there no possibility of you receiving a copy from your other siblings?)
The Court process is relatively simple, but it does require drafting proper legal documents and including exhibits.
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