Legal Question in Wills and Trusts in California
Worth Pursuing Will?
My father passed away in April 2006, and my brother was contacted this past month by my father's brother. He said that there was a collection of antique guns, jewelry, and a bit of money that my father had left us. My father remarried a couple years back, so my brother and I weren't expecting to get anything, and were perfectly fine with his wife and son collecting all of the inheritance. I am not sure as to the specifics of the will, but it does include his portion of my grandparents' estate as well. How do I find out exactly what the will says? Does my uncle have any legal right to an inheritance from his brother?
2 Answers from Attorneys
Re: Worth Pursuing Will?
You could request a copy of the will from the attorney handling the probate or from your Uncle if he is the Executor. It will be on file (if the family has started the probate process) at the probate court in the county of your father's residence. Children would come before your Uncle if your father didn't have a will. If your father has a Will, then your uncle would have to be named in it to inherit.
Re: Worth Pursuing Will?
Assuming your uncle is the executor and depending upon your relationship with him, you might ask him for a copy. Otherwise, once a will is filed with the Court in order to begin probate administration, the probate file is open to the public and can be reviewed at the Court where copies of the file can be made. Whoever inherits depends upon your father's intentions as he expressed them in the will.
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