Legal Question in Wills and Trusts in California

Re: Unsigned Wills [what are my rights as daughter]

It depends on whether your father is still alive. Generally, if your father is alive he may keep his will confidential. If your father has passed away, it would seem that an unsigned will has no effect in most circumstances. If he signed a will and passed away, in California the executor must file the will with the court within 30 days of death. You can go to the court to see it.

Re: Unsigned Wills [what are my rights as daughter]

In order to probate a will it must be signed in front of witnesses. Without a signature or witnesses it has no legal value. Whomever is holding it, the purported executor or executrix could be sued to make it available to you.

If your father died with a proper will, it would be introduced into evidence in probate. You can view it there. If the amount and type of his estate precluded probate, you would have to sue to see it.

You might ask yourself why is it being kept from you? If you can provide an honest answer, perhaps the solution is more obvious.