Legal Question in Wills and Trusts in California
Rights to see a will
My step-daughter's grandmother (on her mom's side) passed away a little over a year ago. An Aunt was the executer of the estate and also had power of attorney. The Aunt is the only person who has seen the will and has told us that our daughter was not in it. We find that VERY hard to believe and in fact, was told by the grandmother that money was set aside for her. The Aunt will not give us a copy of the will nor tell us who the Attorney was. Is there anyway to obtain a copy and if she is in fact in the will, do we have the right to see it? My husband is her legal guardian. Thanks in advance for your help.
2 Answers from Attorneys
Re: Rights to see a will
The person with the original will is required to file it with the court within 30 days of the willmaker's death. This doesn't always happen, of course, but it can't be kept private, either. If she won't show it, and your stepdaughter would be the legal heir without the will, you may want to ask an attorney about filing probate and forcing the issue.
If the estate is under $100,000, it can be collected by an affidavit procedure, without probate.
Re: Rights to see a will
The Probate Code requires a will be filed with the Court within 30 days of death. If the will has been filed a copy can be obtained from the Court. An attorney can usually obtain this information from the Court or either demand a copy from the executor.
We can usually find out this information for you at a nominal charge. If you would like us to investigate the matter, please call me at (818) 991-6664.
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