QUESTION
What do I do now if my dad recently died and I can't find his will?
Asked on Oct 17th, 2016 on Estate Planning - California
More details to this question:
I know there was a will because I was his power of attorney until a few years ago. I could no longer care for him so he was appointed a conservator by the state. I turned over many of his important papers to the conservator. The conservator says he can't find a will. I know there was a will naming me as the beneficiary. I had power of attorney and we did a will and made me beneficiary as well as beneficiary to his insurance policies, per his request. The insurance company has already processed the insurance benefits (to me) but the money in my dad's bank account can't be distributed without a will. My dad's conservator knows I'm the only person who took care of my dad and kept an ongoing relationship with him.
1 ANSWER
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California a Will may be proven by sworn testimony from one who has express knowledge of its contents. The presumption that the Will was revoked is not applicable here if your father was already incompetent at the time the Will was turned over to the Conservator. It would not be an inexpensive matter to pursue, and the outcome is anything but assured. It would have greater likelihood of success if it was unopposed.
Answered on Nov 18th, 2016 at 4:43 AM