How do I find out if I am named in a Will?

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How do I find out if I am named in a Will?

My grandma passed away 6 months ago. She mentioned to me that part of her home will be for me since my dad passed away 7 years ago. Grandma has 3 kids ,including my dad. My uncle is the trustee and he won’t tell me anything.

Asked on June 6, 2014 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the troubles you have had in finding out information.  Is there a Trust or a Will?  A trustee is in charge of a trust but an Executor is in charge of an estate probate of a Will. I think that you meant Executor. If there is a Will then you should have been served with a copy and a Citation giving you notice that the Will was being offered for probate since you would have been an heir at law under the intestacy statutes in California (a child of a deceased child of the decedent).  That is important for time constraints on objecting to the Will.  Now, go to the Probate Court in the county in which your Grandmother resided at the time of her death.  The Will will be fined in that court.  You can look at the Will and the Probate file since it is a public record.  If anything looks funny take a copy and go and seek legal advice. You should consider asking a lawyer to write a letter on your behalf to your uncle so he knows you are keeping an eye on things. Good luck.


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