Q: I feel pretty confident he did not have a Will. If he did they are not saying. How do I find out if he did?
If they are step children that were never adopted by him are they allowed to drain his bank account if he gave them access when they were helping him? Or keep and sell all his possessions? Can you advise me on perhaps steps I can take to find out if he had a Will. Maybe my legal rights in CA. if their is no will or anything stating his wishes?
A:
Step-children do not inherit in California absent adoption or a will.
In my opinion, the best way to find out if a decedent has a will is to hire an attorney to help you open a probate case. Any "interested party" (such as a surviving spouse or child) can open a probate. If you are not aware of the existence of a will, you would open a probate to process his estate as an "intestate" estate (meaning he had no will). You will be required to provide notice to his surviving spouse and any other potential heirs. If there was in fact a will, that will smoke it out pretty quickly.
I am licensed in CA as well as other states and can help with this. Probate attorney fees are usually paid out of the estate, though you might need to advance some costs to be reimbursed from the estate later. The executor appointed by the estate also gets paid by the estate for performing executor duties (under probate attorney guidance).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
