Legal Question in Wills and Trusts in California
Having trouble obtaining will
My wife�s father passed away a couple of weeks ago. We live in North Carolina and he lived in California. After my wife�s parents divorced her father moved to California and moved in with a woman for 30+ years and never remarried. He spoke about his will on several occasions by phone over the years to my wife so she�s positive he has one and that she�s in it.
Now that he is gone she finds out that in order to find out if he has filed the will she needs his death certificate. The woman he lived with has the certificate and claims that the will is in the house somewhere, apparently she�s unaware if it�s been filed or not and is unsure where her father kept the will. She has also told my wife that he didn�t have any money and has left it at that for the moment.
If the woman doesn�t make an effort to find the will or perpetually delays the release of the death certificate does my wife have any recourse?
3 Answers from Attorneys
Re: Having trouble obtaining will
She may obtain a copy of the death certificate with appropriate declaration and she can open probate of the estate as executor. Call me directly at (619) 222-3504.
Re: Having trouble obtaining will
Any related person can obtain a certified copy of the death certificate from the county recorders office. If your wife feels that there were assets in his estate, she should petition the court to administer the estate. This can be done without a will.
Re: Having trouble obtaining will
Our office also stands ready to assist you in the process of obtaining the necessary documents and beginning the Probate procedure.
CA County office's websites are available on our firm's research portal site at http://www.thelawshack.com/CACounty.html.
More about our firm is available at www.No-Probate.com
Regards,
Scott
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