Tracy, CA asked in Probate for California

Q: My brother in law asked me to sign his will as a witness and told me specifically to follow instructions in

This estate planning binder. He gave me the spare keys to his home to retrieve it but all the docs were stolen from his estranged son whom he does not trust. He told this to our other family members times. So now the son refuses to let me see the will. I'm afraid he would fraudulently change the will. Am i able to ask to see the original will i signed and the other legally notarized instructions he left for me ? I have a copy and unable to find it.

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1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Have you called the attorney's office that prepared the Will? They should have a copy. A copy can be submitted to probate if there's a good reason to believe the original cannot be found and was not revoked. You can also file a petition for probate to have yourself appointed as administrator for the estate without a Will if you believe that you are an intestate heir of the estate. Notice of the hearing is given to all other intestate heirs. If one of those intestate heirs has the original Will, that will force him or her to reveal its existence and to file it with the court. If you are not an intestate heir to the estate of the decedent but believe yourself to be a named beneficiary under the Will, you can also file a petition for probate with the court, plead your facts, and see what happens. Good luck!

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