How can i get copies of a will or trust of my father who has passed on. his wife says it is private .

Asked over 3 years ago - Redondo Beach, CA

upon our fathers passing my sister and i were informed by his wife that the trust was private that he left everything to her. can we get copies of our fathers trust or any wills?

Attorney answers (3)

  1. Keith A Davidson

    Pro

    Contributor Level 11

    Answered . Yes, you are entitled to receive copies of your father's Will and Trust. As an heir-at-law to your father, you are entitled to a copy of those documents even if you are not named as a beneficiary. If wife refuses to give them to you, then you need to file a Petition to compel the documents with the Probate Court and the Court will then order wife to hand them over. There is no way to force wife to hand over the documents without a Court order. But you can tell her that you plan on going to Court for an order if she does not provide them voluntarily, maybe that will do the trick.

  2. Janet Lee Brewer

    Pro

    Contributor Level 17

    Answered . I agree with Mr. Davidson - the California Probate Code specifically gives you the right to receive a copy of the trust IF it (or part of it) became irrevocable upon your father's death. If your stepmother will not release a copy of it, you can compel her to do so. Of course, that will probably make her upset and angry with you, so you need to decide whether you are risking more by asking for a copy. But if you believe she would never leave you anything anyway, you might as well see what your father did.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

  3. Gregory L. Piede

    Contributor Level 8

    Answered . Because your father has passed away, your locality will likely require the will to be filed with the local surrogate (probate) court. It is then a public record, and you and anyone else would be entitled to a copy.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,315 answers this week

3,055 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,315 answers this week

3,055 attorneys answering