Legal Question in Wills and Trusts in California

Re: wills and trusts

Generally, an individual's heirs and/or beneficiaries are not permitted access to an individual's will prior to his or her death. If you requested your uncle's will from his attorney, the request would probably be denied, on the basis that the attorney-client privilege protects the information in the will, unless your uncle specifically signed an Authorization to Release Information prior to his disability that allowed the attorney to release this information to you. That being said, however, even if your uncle has a will (as opposed to a trust), if his probatable estate in California exceeds $100,000, the estate will be subject to probate. If your uncle has a revocable trust, any assets in the trust upon his death will not be subject to probate.

Re: wills and trusts

You can ask the attorney to ask your uncle, or you can just ask your uncle. If your uncle is mentally disabled, then you need to ask the conservator of your uncle's estate. If your uncle has no conservator, you can apply to the court to become his conservator and then demand the attorney show you his will. If the attorney refuses under the attorney client priviledge doctrine, you will have to get a court order.

Re: wills and trusts

You can ask anything you want, but the attorney can't tell you without the consent of his client.