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Dads wife lied - No Will - Her Kids Got All

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Kathy Goodfarb

Junior Member
What is the name of your state? California

Although I live in Hawaii, I am trying to find out what to do about my Dad passing away with no will. My dad passed away in 2001. At that time his wife told me he had written my brother and myself out of the will. When I asked to see it , she refused. I know I've let this go for a long time, but recently I've been in contact with a relative from my Dads side of the family I didn't know I had. My Dad was a Country and Western entertainer, well know in the 50's and 60's. This relative has a website devoted to my Dad and had asked what had happened to his awards and guitar. When I asked my Dads wife, she says she gave his belongings to her kids ( they had their own father and my Dad never adopted them nor supported them). I decided to try and find out what had really happened and when I contacted L.A. courts I was informed no will had been filed. All I want is to have a few of his possesions he obtained before his marrige to the present wife. For example: his awards, a popcorn tin with his name on it, his watch and guitar. I could understand her kids getting all if it had been written in a will, but no will exists. Furthermore I was in constant contact with my father up to his passing and not only did we have a wonderful relationship but a few months before his passing he sent me his pinkie ring that his mother had given him that was a family heirloom. I also didn't persue this before because his wife and her kids were allways so wonderful to my Dad and I guess I trusted her and didn't want to cause any more grief, but now I find out I've been lied to and wish to find out how I can obtain the few items that were his that mean so much to me. Any and all help is greatley appreciated.

Mahalo:(What is the name of your state?
 


divgradcurl

Senior Member
Contact the court in the county in which your Father resided. If probate was opened, then a copy of the will would be included in the probate file, and you would be able to see it.

If there was no probate filed, you could open probate yourself. However, there are two issues here. First, just because probate was never opened doesn't mean that there wasn't a will -- maybe everything went to the wife, the house was community property, etc, and the wife never bothered. If you open probate yourself now, the wife could come forward with the will, and you would be in the same position you are now, less filing fees.

Second, if you open probate, and there is no will, you would likely be in line to get something under the intestatacy rules in California -- but you won't get much if your Dad and this woman were married for any length of time before his death, due to community property laws, and there may not be much left in the estate to pay out anyway, so you need to decide if this is worth the effort and cost.

EDIT: The point I am trying to make here, is even if probate was never opened and you opened it now, and there was no will, and so you do get a piece of the estate, the things you are interested in may have been given away, sold, etc. The courts are not going to make someone track down those items, if they are gone, they are gone. The time to preserve things was at the time of your Dad's death, unfortunately.

Check and see if probate has ever been opened -- if it has, its public record, you will be able to see it. It is almost certainly far too late to contest a will, but if that's the route you want to go, talk with an attorney in California. Finally, have you ever asked this woman if you could have some of the heirlooms, even if you had to pay for them? That would likely be the cheapest and easiest way out of your pickle.
 
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