Legal Question in Wills and Trusts in California

My stepmother passed away two months ago no one has let us know that she passed. I understand there is a will, the step daughter would never let us see the will or have anything that belonged to dad and our mother. Now that stepmother is passed how can we legally get a copy of will and see about getting my mothers and fathers belonging if there is anything?


Asked on 7/29/11, 7:01 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

All beneficiaries or likely beneficiaries are entitled to receive a copy of the Will. Diplomatically ask her for a copy and the if she refuses point out that legally the executor of the Will must do so and that she is not allowed to use any of the property for her own usage until the Will is approved in probate and distribution is ordered. You can get or borrow from the library a copy of the Nolo Press book on estates and trusts so that yo can read as to what should happen and what your rights are.

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Answered on 7/29/11, 8:02 am
Michael Weinstein Law Office of Michael R. Weinstein

Unfortunately, from the facts stated in your question, you may have no rights in your stepmother's estate. I assume from the facts that your father is no longer alive. I also make the assumption that your stepmother never adopted you. Therefore, after your father's death, all of their property became her sole and separate property unless otherwise ordered by a probate court or unless assets were held in a trust for you, or unless you are mentioned in your stepmother's will. As a step daughter, you are not even in the list of priority to petition to be named administrator of her estate if there were no will. You may follow the instructions given by attorney Shers and politely ask that you be given those items of a personal nature that were your fathers or birth mother and inquire whether you were a beneficiary of the will. A copy of the will should be lodged with the court within 90 days of death and you may contact the court for the opportunity to review the will. As a most drastic measure, you can petition the court to determine if you are an heir according to the will.

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Answered on 7/29/11, 8:49 am


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