QUESTION
My father's step daughter, pwr of atty, won't give copy of will. already selling house. how can I get a copy of it?
Asked on Sep 11th, 2015 on Wills and Probate - California
More details to this question:
Step daughter lives in TX. We have asked repeatedly to see the will and to get a copy and she will not respond. the house is already up for sale. We all feel she is hiding something or else why not give us a copy of it? If he deeded the house to her, fine, but why be so secretive about the will and not let us see it? She won't answer texts or phone calls. Do I have to hire a lawyer to get a copy of it and would she even be required to give it to us? I requested the deed to the house from county in texas. What if the will stated to give my sister a certain amount of dollars after the sale of the house and we never know because we have no access to the information. She sells it, keeps it all, spends it all; now it's too late. Can I legally force her to give us a copy of the will?
1 ANSWER
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Did your father live in California when he died? Is the property located in California? Is there a probate action or ancillary probate action in California?
Under California law, you are not entitled to a copy of the will unless you are a beneficiary under the will. But then the problem is, how do you know if you are a beneficiary under the will if you haven't seen it? If there is a probate action, then the will has to be submitted to the probate court.
Answered on Sep 12th, 2015 at 11:50 AM