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CA-how to get a copy of trust/will

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N

ndngdnca

Guest
What is the name of your state? california

my husband's father died last week. we believe his aunt (father's sister) has durable power of attorney. this information was given to us be a hospital employee who mistakenly thought my husband would have power of attorney since he is the oldest of his fathers only 2 sons.

my first question is how does my husband go about finding out if he was named in a trust or will? my husband's aunt has contradicted herself several times saying my husband was left $50 then $500,000. the estate could easily be worth $500,000 or more. many contradictory statements have been made and contradictory actions taken by his aunt, she even tried to get my husband to sign the "advanced health care directive" after his father died. my husband is suspecious of his aunt's unwillingness to divulge clear and concise information and of her constant contradictions.

my second question is how does my husband go about obtaining a copy of the will/or trust?

third question how does my husband know if and/or when he should hire an attorney?

Thank you in advance for any replies.
 


JETX

Senior Member
The answer to your first two questions is relatively simple. If his fathers estate has been filed for probate, those records are public and he would need to simply go to the probate court in the county where his father died to see if a file has been opened and the documents submitted.

As to when/if he would need legal services, that would depend largely on what he finds in the probate records.
 

Dandy Don

Senior Member
Wait a few weeks longer to see what information she will furnish beneficiaries, or husband should at least ask her if he is named as a beneficiary.

If she is not forthcoming, then husband should have his attorney send this lady a certified letter to ask if she is trustee and if husband is named as a trust beneficiary, then he has the right to request a copy of the trust and accounting information relating to it. Trust information will not be mentioned in the probate file, so your first step to checking for a will is to inquire at the county courthouse, where the will is normally filed within 30 days after the death.

DANDY DON IN OKLAHOMA ([email protected])
 

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