Legal Question in Wills and Trusts in California

Siblings are not allowed to view their mother's will by their step-father who has remarried since the death of the children's mother. The children were told by their mother that she had a will and that they were named in it.

What can they do to see their mother's will to have some closure of her death and to have settlement with their step-father?

Asked on 2/01/14, 2:23 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

A will is supposed to be lodged with the court when the person who made the will died. The problem here is it is not at all clear whether there was property that your mother left that would be subject to probate. Sometimes property is also held in a trust, which can make a will irrelevant. Holding property in joint tenancy with your step father would also negate any need to probate a will. You may want to consult in a little more detail with a probate attorney near you.

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Answered on 2/01/14, 7:09 pm

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