Legal Question in Wills and Trusts in California

Re: obtaining a copy of mothers will

If there is a will, the executor is required to file it with the Superior Court in the county in which your mother resided at the time of death. If there is not will, then state law dictates how the estate is to be distributed. All of the community property would go solely to her husband at the time. If she had any separate property, 1/3 would go to him, and the other 2/3 divided equally among her children. The executor or administrator of the estate is required to notify all interested persons of a probate being opened. Often, people do nothing for years.

Re: obtaining a copy of mothers will

If your stepfather hasn't done anything or shared information, you can force his hand by filing a probate at the location of your mother's death. If your mother had a trust, you can also demand a copy of it and if he won't cooperate, you can file an action compelling disclosure of the information. If you stepfather hasn't sent out notices or filed a probate, it is probably not too late.

Re: obtaining a copy of mothers will

If your Mother's estate was probated in California, then a copy of the Will will be part of the Court's file. You should first check to see if her estate was probated.

You should also consult with California counsel concerning applicable Statutes of Limitation that could apply to any claims that you may have.

Your step-father can disinherit you without any limitation. Whether he acted appropriately concerning your Mother's estate is what you should investigate.

Take no actions without the assistance of California counsel experienced with probate litigation.