Legal Question in Wills and Trusts in California

Re: My Dad died- how can I get a copy of the will without asking my stepmom?

Your should consult your own attorney local to the place where your father last resided, but I have also a nonlegal suggestion. Sugar attracts. Whatever the past relationships have been, they are in the past. If you want to be part of the estate process now, why don't you write a sweet note to your stepmom thanking her for all that she has done in hosting you and arranging for your dad's burial, services, etc. Tell her what a wonderful person she is, how much you appreciate her, and then offer your cooperation and assistance with the estate administration. It certainly seems appropriate to mention that you would love to have a picture of your Dad and that you have no mementos. Ask with sugar. Your stepmom has lost a husband; you have lost your father. Sympathize with her loss and try to get beyond the needles. Just a thought.

Re: My Dad died- how can I get a copy of the will without asking my stepmom?

California statute requires that the will be filed (lodged) with the court in the county in which a person died. If there is no will, the estate passes by intestate succession through probate.

If the amount of the estate is in excess of $100,000 there must be a probate. However, if your father owned a home jointly with your step mother, it could pass to her without probate under certain circumstances. There are a number of issues at hand, here, and you should find an attorney close to where your father lived to check into the matter for you.

Re: My Dad died- how can I get a copy of the will without asking my stepmom?

If there's a will, it's required to be filed with the county court within 30 days' of your father's death. However, this isn't always done, and the rights you have will vary according to the way the property/assets are titled.

Also, with life insurance or other assets, the beneficiaries contact the companies directly, so if you know which companies these are, you should contact them yourself.

If your stepmother is not forthcoming, you may want to hire an attorney to investigate a bit--the attorney can at least find property registrations without contacting her, and if it appears you may have some rights, can then contact her or her attorney in the least "tacky" manner possible. You may find that you're listed as a beneficiary, or entitlted to a separate property interest in some assets.

Re: My Dad died- how can I get a copy of the will without asking my stepmom?

If the Will is filed for probate in California, then you can obtain a copy from the Court's file. If someone other than your stepmom is the Executor, then you can request a copy from that person.

However, it is likely that your stepmom will know if you contact the Executor. It may not be possible without getting the copy yourself from the Court to do so without her knowing.

If you have a concern about your rights, you should consult with an experienced estate attorney for advice.