Legal Question in Wills and Trusts in California
was there a will?
How do we find out if grandma had a will? Our cousin, who had medical power of atty. will not say.
2 Answers from Attorneys
Re: was there a will?
Check the county where she passed away. If it is not filed there, make a written demand on the power of attorney. If he will not respond, you may want to consider filing your own probate for grandma, which will force him or her to step up and file the actual will.
Re: was there a will?
If there is a will, state law says it must be filed within 30 days of her death by the person or entity with possession of it. Most people don't know about this law, but it can be used against the person not filing the will. If your cousin refuses to answer you, you may want to file probate yourself and force the issue--if there's a will, your cousin will need to present it to the court, and if not, the probate will move ahead with no will.
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