Legal Question in Wills and Trusts in California

Re: right to review will

Thank you for your question. The original will must be filed with the court where the decedent resided within 30 days of death. Thus, you can look at the will at the court. I suspect that you will obtain quick results if you retain an attorney. If I can be of assistance, please do not hesitate to contact me at 408-268-2580.

Sincerely,

Kai H. Wessels, Esq.

Re: right to review will

I would contact the Probate Court clerk in the county where the person lived at death and see if the will has been filed.with the Court. If there will be a full probate the will (if one exists) becomes a public record as does the name of the attorney. If there won't be a full probate you could have an uphill fight. If there is a trust you may be entitled to a copy through Probate Code 16061.7 and if the trustee refuses you could bring suit in the Probate Court. Many possible directions to take. I would recommend hiring a probate attorney in the county where the person died. Good luck!

Re: right to review will

The will must be filed with the Superior Court in the county in which the person died. If it has not been done, you could petition the court for permission to administer the estate. If the named executor has not done that, it may be a basis to have him excluded from being executor. If he has done so, then the will is probably already with the court.

Re: right to review will

Of course you can do something about it, but you means a real live attorney on your behalf. A letter from attorney making certain requests should have a very positive effect protector rights. If it does not, then inaction in the Probate Court will really start the ball rolling. Their numbers of ways to protect yourself the sitting on your touch in doing nothing more writing tool web site is not going to be the answer. You want someone who is an expert in probate/litigation.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.