Legal Question in Wills and Trusts in California

looking for a will

father passed said he had a will we saw it can't find it where to look clerk records maybe he had 2 life insurance policies could not find those copies either


Asked on 2/27/09, 10:24 am

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: looking for a will

There is no guaranty that your father did not destroy his Will or that he made a new one. Wills are not recorded. You should try to find his lawyer and his insurance agent, as well as inquire at this bank to learn if he had a safe deposit box. Talk to his friends or anyone who might know who he did business with and advised him.

You can open a probate without a Will, and submit one to the court later if one is found.

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Answered on 2/27/09, 10:38 am

Re: looking for a will

Though a will can be recorded or filed with the probate Court most people don't. Thus you either need to track down the attorney or just keep on looking for it. If you can't find it you can file for probate to get that clock ticking. It takes 7 months so no reason not to start it! Also, you can file probate and then if you find the will later you can file it later. Lastly, filing probate is what will give you authority to look into bank records to try and find out about life insurance policies. Call me if you want help. I do probates throughout California. -John

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Answered on 2/27/09, 10:43 am


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