Legal Question in Wills and Trusts in California

My husband's grandmother passed and on her will her house was to be sold then the proceeds will be divided between her sons and daughters. My husband's father's name was included in the will however he passed away 5 years ago. He did not ask anyone to amend the will so my husband's name does not appear on the will. My husband's aunt and uncle felt bad so they were going to give him my husband's father's share to him. However, we just learned that grandmother who passed amended the will sometime ago and included three other family member so there were nothing letft for my husband to get. Can we request copy of the will eventhough his name is not on the will? Is there anyway to fight for the share?


Asked on 4/30/12, 11:35 am

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

If the grandmother lived in California at the time of death or if the real property was in California, then it is highly likely that a probate was filed. A copy of the Will would have to be attached to any petition that was filed and your husband would have received a copy of that petition. If not, then you will want to contact the probate court in the county where his grandmother resided or where the real property is located.

As long as his grandmother had capacity when she executed the codicil to her Will, then it will be difficult to contest it.

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Answered on 4/30/12, 11:40 am


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