My father had remarried about 3 years ago to an American lady and become an American citizan only 18 months ago... He passed away recently and I wanted to get a copy of his last will and testament, under American law am I entitled to a copy?
can anyone help me with information or links to get information about this please?
2007-06-12 16:12:12 · 9 answers · asked by helpimafish 1 in Politics & Government ➔ Law & Ethics
He lived in California.. Escondido
are there differing laws for different states for this matter?. I am an Australian citizen and am unfamiliar with this. if you feel you can help further please leave a contact addy as this is something I need to resolve as quickly and painlessly as possible.
thanks again
2007-06-12 16:54:04 · update #1
Yes you are entitled to a copy. If one has been filed at a court house in probate. Go there and get one or call and send the fees and they will mail you a copy. When a will is filed, which legally should be done, it is Public Information and you can get a copy. If the Will has not been filed, and if the wife does not want you to have a copy, it might be hard to get. You can hire a attorney and have him file papers to bring her to court and have her to produce the will. Hope all goes well for you. Where did your Dad live, you never said, other than America. This might be easier to help you, if we knew the state and city or town.
2007-06-12 16:29:23 · answer #1 · answered by Anonymous · 0⤊ 0⤋
That's a tough one. My mom recently passed away and the majority of my in-laws didn't bat an eye (we're already married). I too was very attentive to their varying losses. It sucks when people don't care or at least have some courtesy. She doesn't deserve it but you are in a tight spot in that she is going to be your family for a long time. You may need to bite the bullet and just do it for the sake of your wedding and the future. But I would make a point, well before the wedding, of telling her that you were hurt by her incosideration. Your fiance should probably mention it as well. I am sorry for your loss and wish you best for the wedding.
2016-05-18 22:54:25 · answer #2 · answered by libby 3 · 0⤊ 0⤋
usually the remarriage will take precedence, the property is both husbands and wifes unless there was a prior arrangement. you should contact your stepmother first and then possible a lawyer since a 3 month marriage might be contestable in some way.
2007-06-12 16:16:27 · answer #3 · answered by snarkysmug 4 · 1⤊ 0⤋
Absolutely. If your father cut you out, you may even have a claim to challenge the will as a "pretermitted heir." Get a lawyer if you were excluded.
2007-06-12 16:20:08 · answer #4 · answered by Toodeemo 7 · 0⤊ 0⤋
Contact the probate attorney (authority) with proof of relationship.
You are entitled and he is legally required to disclose.
2007-06-12 16:55:59 · answer #5 · answered by cbsmith300 3 · 0⤊ 0⤋
Yes, A will once probated is public record. Anyone may obtain a copy.
Edit:
That would be San Diego County. Please look at this link:
http://www.sdcourt.ca.gov/portal/page?_pageid=53,130146&_dad=portal&_schema=PORTAL
2007-06-12 16:16:28 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If he left a will, the law office where it was held will have specific instructions from your late father about who is allowed to see it.
2007-06-12 16:16:19 · answer #7 · answered by Stuart 7 · 1⤊ 2⤋
I would think you would have to be named in the will in order to get a copy of it. I am sorry for your loss.
2007-06-12 16:16:26 · answer #8 · answered by Anonymous · 1⤊ 2⤋
yes, because you are blood relative. the only way you may be denied is if your not mentioned on the will. but i dont think they can do that.
2007-06-12 16:16:05 · answer #9 · answered by Anonymous · 1⤊ 2⤋