Legal Question in Wills and Trusts in California

Are Wills Recorded?

When an attorney executes a will for a client, is it recorded anywhere? Would anyone other than the client and the attorney have a copy? My grandmother died last July. She was suffering from paranoid dementia and thought my father, her only son, was trying to kill her and steal her money. Her estate amounted to 72% ownership of a 5 unit rental property as part of a family trust. About two years before she died, in a complete state of paranoia, went to an attorney and changed her will, leaving the part of the family trust still in her name to me rather than to my father, as she had previously stated. The attorney who executed the will died, and her associate, who was taking over in settling the matter, has been very ill and in the hospital. What would happen if we were to adhere to the previous will and have everything pass to my Dad instead of me?


Asked on 6/09/06, 9:18 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Are Wills Recorded?

wills are not recorded. only the testator or attorney would have a copy (unless copies were provided to others). to challenge the later will, you need to file a petition for probate (and have a reasonable basis for asserting that it is invalid).

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Answered on 6/15/06, 4:59 pm


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