Legal Question in Wills and Trusts in California

my father disinherited me 2 weeks before his death. he was dying for over a year of stage 4 cancer. He left all his money to his caretakers. Do I have any legal rights to see the original will?


Asked on 2/20/11, 10:03 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

You would have to subpoena the will if no one will share it, and be aware that the period to contest the new will is only 120 days from the time probate opens, so I'd recommend seeing a probate litigation attorney right away to discuss your options. Gifts to caretakers may be invalidated under the law too, so discuss this possibility as well to see if it applies here.

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Answered on 2/20/11, 4:34 pm
Michele Cusack Pollak & Cusack

The Will should be lodged for safekeeping with the clerk of court in the county where your father resided, and if so, it is public record. If there is a probate, you must be noticed (as an heir at law) even if you are not a beneficiary of the estate. I agree with Mr. Johnson that you should consult an attorney asap.

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Answered on 2/21/11, 1:07 pm


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