Legal Question in Wills and Trusts in California
how to obtain a will and estate information
My wifes grandfather died 18 years ago and all the property he owned was sold, my wife and I just found out that she was left 1/3 of it. My wifes grandmother was left in charge of the estate and has never told my wife anything about it. What do we have to do to verify that she indeed was left this in the will and how would we go about getting it from the grandmother? chances are she's spent a good amount of it so what would happen then?
2 Answers from Attorneys
Re: how to obtain a will and estate information
If the will was probated then there should be a copy filed with the circuit court in the jurisdiction where the property is located. This is a public record and anyone can obtain a copy.
After you have obtained a copy of this particular will and have had the opportunity to scrutinize carefully its various provisions, you will then know whether your wife should be seeking a consultation with an attorney knowledgeable in matters probate and the law of real property.
Re: how to obtain a will and estate information
Some California counties have information available online, including superior court information. Otherwise, and given the length of time involved, you will need to have someone review the court files to see if a probate was opened. As it appears you did not receive notice or other normally required information, it is likely that there was no probate or that you were not named in the will.
If you know the address of any California real property (or have a copy of a deed or other document showing the parcel number), it may be possible also to determine what actually happened to the real property.
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