QUESTION
How do I find out if my wife's ex husband left a Will?
Asked on Mar 31st, 2014 on Estate Litigation - California
More details to this question:
My wife's first husband died of cancer last November. He had executed a life insurance policy for his two children that live with us. His second wife states there is no Will. We don't believe her as he made other plans before his death. Is there a way to find out if a Will was left? He owned two homes in the SF Bay Area and had no other living relatives besides his second wife and his two children.
1 ANSWER
First of all he may have had a will but if second wife decided to make said will disappear it is likely GONE. Sad reality. Sure you can try to track down the drafting attorney but good luck. I would look at the real estate records to see if the properties show a living trust, if in joint tenancy with #2 or if just in his name. If just in his name could file a probate to try to force the action. If the property is "separate" property then kids should get 2/3 and wife 1/3 if no will. So, my point is, there are options. I encourage you to hire a probate attorney asap.
Answered on Apr 01st, 2014 at 11:09 AM