How do I get a copy of my Mother’s Will?

My mother passed away 4 months ago in CA. My stepfather is refusing to give me a copy of their Will. I sent a Certified 10-day demand letter, requesting a copy and still no response. What is my next step? Is he breaking the law? Can I file a police report?

Asked on August 22, 2011 Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  And for the problems that have occurred.  There are various ways to handle this.  First, wait.  You will receive a copy of the Will when your Father submits it to probate.  At least you should.  Notification to you as a potential beneficiary is required.  If, however, he someone has skirted that requirement you can look up the Will by viewing the probate file in the probate court in the county in which your Mother resided when she passed away.  Once filed, a Will is a public document.  Or you can hire an attorney to make inquiry for you and demand that the Will be probated. Filing a police report is not a proper step.  Good luck.    


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