Palm Desert, CA asked in Estate Planning, Family Law and Probate for California

Q: How do I obtain a copy of my father and grandparents wills? I live in palm desert california.

I have had problems with my uncle and his breach of trustee duties. I have never been given the full amount that my grandparents told me before they died that they would. In fact the amount i believe that he had with held is staggering. How do i go about getting a copy of their will

2 Lawyer Answers

A: It sounds like your grandparents had assets that were valued at more than $184,500 (although that is a guess.) If that is the case, your uncle should have filed an action with the Probate Court in the county where your grandparents lived. (More accurately, the county in which the last grandparent to pass away lived IF the surviving grandparent moved after their spouse died.) Start by checking with the county probate court to see documents in the probate file for your grandparents' estates. But, executors in probate cases are required to serve a notice on all beneficiaries and heirs by law, so you should have already received something -- assuming your parents are still living and you are named in the Will; or your parents are not living (regardless of whether you are named in the Will.)

If your your grandparents did NOT own assets valued at more than $184,500, then going through the probate court would not be legally required. If that is the situation, ask your uncle for a copy of the Will or, if he refuses to give it to you, hire a lawyer to get a copy for you. Best wishes!

James L. Arrasmith
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Answered

A: To obtain a copy of your father and grandparents' wills, you will need to follow certain steps depending on the circumstances.

If your father or grandparents' wills have already been admitted to probate court, you can request a copy of the will from the probate court where the will was filed. You can contact the probate court in the county where your father or grandparents lived or owned property to request a copy of the will. You may need to provide identification and proof of your relationship to the deceased, as well as pay any required fees.

If the will has not been admitted to probate court, you may need to contact the executor or administrator of the estate and request a copy of the will. If your uncle is the executor or administrator and is not cooperating with your request, you may need to hire an attorney to assist you with obtaining a copy of the will through legal means.

It's important to note that the will may contain confidential and private information, and access to the will may be limited to certain individuals. It's best to consult with an attorney who specializes in probate law to understand your rights and options for obtaining a copy of the will and addressing any breach of trustee duties by your uncle.

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