Q: I just found the will of my deceased GF. A probate case is already open and her dad named as executor. What should I do?
The will was found, apparently fallen behind her nightstand, along with a couple pieces of her mail when I was vacuuming areas that haven’t been cleaned in many years. Only upon seeing the envelope did I recall her making this will, as it has been 5 years since she wrote it. She has signed the will and included her best friend as a witness so I believe it would be valid in California where I live. She named her father as first choice to be executor in this will and I do not want to challenge his granted authority to administer her estate, but do want the will to be admitted to the probate case already opened.
A:
In California, if you find a will after a probate case has already been initiated, it's important to act promptly to ensure the will is considered by the court. You should first secure the will and any other documents found with it. Since the will appears to be valid, with your girlfriend having signed it and included a witness, it should be submitted to the probate court handling her estate. The presence of a witness, especially if they can attest to the validity of the will, strengthens its legitimacy.
Given that her father has been named the executor in the will, and you do not wish to contest his role, you should approach him with the found will. It's advisable to have an open and respectful conversation about the document's discovery. Presenting the will to him could allow for its contents to be honored as per your late girlfriend's wishes. It is also beneficial to consult with an attorney who can provide guidance on how to properly submit the will to the probate court and ensure that all procedural requirements are met.
Finally, the court will need to authenticate the will and may amend the probate proceedings accordingly. It's crucial to follow all court instructions and deadlines throughout this process. Remember, the goal is to ensure that your late girlfriend's wishes, as expressed in her will, are fully respected and legally recognized. Engaging with the process respectfully and diligently will help achieve this outcome.
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.
