Legal Question in Wills and Trusts in California
Requesting a copy of a will
My grandfather recently passed away and his will had designated my father as
the executor. My father's brother however, had in the months prior to my
grandfather's death, executed a durable power of attorney and withdrew all of
the inheritance money and has been using the funds for personal usage and
was in the process of attempting to change the will before my grandfather
passed away. I am aware that the power of attorney ceases upon death but
my fathers brother who is not the executor is still transacting expenses
related to burial and has secured the death certificate and will but will not
provide them to my father. Can my father request a copy of my Grandfather's
will from my Grandfather's lawyer? What remedies are available to my father
to stop his brother from transacting expenses and provide a copy of the will
and death certificate?
1 Answer from Attorneys
Re: Requesting a copy of a will
He should immediately petition for probate administration. Whoever has the original will is required to file it with the court within 30 days of death.
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