Legal Question in Wills and Trusts in California

Re:

Under California law, whoever has the original of the will (if there was a will) has a duty to file it with the County Clerk in the county in which your father resided at the time of his death. If your father had assets in a trust which became irrevocable at the time of his death, the successor trustee would have a duty to send a notice to all of your fathers's children. If it did not become irrevocable (your step mother may have a right to amend the trust), no duty. Suggest you first check index at County Clerk's office and then check County Recorder to see if dad's house (if he had one) was titled in the name of a trust. If no luck ask stepmother if there was a will and inform her of duty under California probate code to file it with County Clerk. If there was no will, stepmother gets all of the community property, but has to share separate property with father's children.

Re:

In California, a will must be filed with the court in the county of residence with thirty days of death. That would be the first place to look. In addition, if there is a trust, there are deadlines for giving notice that there is a trust to the beneficiaries and heirs at law. If you would like further assistance, please let me know.