Q: My stepmom just provided an old Will from 2009 for my father who passed away a few months ago. Can I still get items?
My father married my stepmom in 2008 exactly a year later he created this Will. I know he has created other Will's but Stepmom states this is the only one she has. With this 2009 Will, am I still able to get items from their house? This would include my families home videos from when me and my brothers were little as my mother doesn't have any videos. Or my grandparents (my fathers parents) marriage certificate or even a reel to reel with my grandfather and father on it when he was a little boy?
A: I'm sorry for your loss. In California, the distribution of assets and personal belongings following a person's death is generally governed by the most recent valid will that the person created before their passing. If you believe that a more recent will exists, you may consider speaking to an attorney about how to proceed with potentially contesting the 2009 will; they might suggest seeking any newer versions through potential witnesses or looking into whether a copy was stored at a lawyer’s office or another secure location. If no newer will can be found, the provisions of the 2009 will shall prevail, and your entitlement to specific items will depend on the terms of that will. It may be possible to come to an agreement with your stepmom about obtaining personal sentimental items, regardless of the will’s terms.
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