Oakland, CA asked in Probate for California

Q: How can i find out if my father who passed five months ago had a will?

My step mom seems to all of a sudden not qant anything to do with my brother or I, which are from my dads first marrage. He had three properties and part of my grandfathers whinery. She even went and placed his ashes and didnt tell us to come.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Sorry for your loss. If he had a will, whoever had possession of the will was supposed to lodge it with the court within 30 days of learning of his death. If there is no will (or trust), and any part of the property was your father's separate (not community) property, you and your brother are entitled to a portion of that property. You can file a petition for probate, and ask to be appointed administrator of the estate, although it is likely the court will appoint your step mother if she asks. Even if you are not appointed administrator, you will be able to keep track of the estate.

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