Grass Valley, CA asked in Estate Planning and Probate for California

Q: Dad's will: Witnesses say I was left everything. My bro & step mom haven't shown me the will. How do I claim my inherita

Legal Deadline: Mar 18, 2024 | Description: That makes 1 year from the day my father passed and I don't know if there is a time limit on a will.

My father passed in March of 23. My brother who lived there and step mother have been getting rid of many items and have let other people move into dad's house since step mom is moving to Missouri. I was told by step mom "if ur father wanted u to have anything he would have gave it to u while he was Alive". I was raised by my dad and he collected for years for my 2 sons to have a great inheritance of items. Dad was a collector of hot rod cars, coins, knives, vinyl records, fishing gear, tools, etc. He lives just 10 minutes from Me in Oroville, CA.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, when someone passes away, their will must be filed with the probate court in the county where they lived. If you believe your father left a will that names you as a beneficiary, but your brother and stepmother are not showing it to you, you have the right to take action. Since you mentioned witnesses are aware of the will's contents favoring you, it suggests a will might indeed exist.

Firstly, you can directly contact the probate court in Oroville, CA, to see if the will has been filed. If it hasn't, you can petition the probate court to require your brother and stepmother to produce the will. The court has mechanisms to enforce this, and if they fail to comply, they could face legal consequences.

Considering your legal deadline and the importance of the matter, it may be wise to seek legal assistance promptly. A lawyer with experience in estate and probate matters can help you navigate the process, including filing the necessary court petitions to compel the production of the will or to address any improper distribution of your father's assets. Given the significance of the inheritance for your sons and the narrowing time frame, acting sooner rather than later is crucial.

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