How can I make my father execute my mother’s Will and fulfill her final wishes?

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How can I make my father execute my mother’s Will and fulfill her final wishes?

Mom knew she was dying when she wrote her will and did so because she did not want Dad to deny her children of the things she wanted us to have. All the real estate is left to him but some jewelry, household furnishing, items and car were to be left to us. Dad refuses to give up anything now and does not allow us at the house.

Asked on March 8, 2012 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Do you have your Mother's Will?  You will need it in order to prove what you are saying here and to force the probate.  Remember, though, that anything jointly held between your parents passed from your Mother to your Father automatically upon her death.  So he really has the right to them.  Please speak with an attorney in your area on the matter.  Good luck.


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