Legal Question in Wills and Trusts in California


My father died in January. The last time he talked about it, he said he was leaving me and my siblings a small cash bequest. But it's been 2 1/2 mos. since his death and we've heard nothing about it from our stepmother. Is she required to notify us of the contents of our father's will?

Asked on 4/10/09, 7:23 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: wills

I am so sorry to hear of your fater's passing and the new problems it has caused you as well as your siblings. I'll try to give you the best answer based on your facts that you presented.

Unfortunately, it really depends on the terms of the will. In fact, it may need to go through Probate if he had enough separate property prior to the marriage with your step-mother.

The problem is that if she denies one exists, she, most likely, will get everything under the marital exception. Is there any way to locate the attorney who drafted the will? That person should have a copy of the will in his/her files. Did you ever see the will?

We specialize in Wills, Trusts, Estates and Probate so if we can help, we'd be happy to do so.

If you would like to discuss this matter in a more private forum, please feel free to contact me directly at the email provided by LawGuru or through our firmís website located at

Please Note that this answer does not create an attorney-client relationship. The answer is solely based on the information provided.

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Answered on 4/10/09, 7:52 pm

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