Legal Question in Wills and Trusts in California
I am Power of Attorney for Mother in Law , Marguerite.
Her father passed away. Father passed away/was a resident of Ohio. Marguerite lives in CA.
Marguerite is the only child of deceased. The widow told me there is a Will, and that she did NOT file probate. She also has a lawyer. (Marguerite does not presently, cant afford one)
Widow verbally told me of her late husbands specific (and unusual) wishes regarding distribution of Marguerites inheritance. Marguerite would like verification of this by way of a *copy* of the Will.
Does she, (or I, as Marguerite's P.O.A) have a legal ground to demand a copy of the Will be sent to her immediately, so that we see there's no fraud (without probate)?
and
Does Marguerite have the ability to demand Probate, if she chose so?
2 Answers from Attorneys
As I told you already, you have to ask this to the Ohio lawyers on LawGuru. The law if the deceased person's residence controls your situation. We cannot tell you what her rights are under Ohio law.
Mr Mccormick advice to you is correct.