How do I find a copy of a Will and Trust?

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How do I find a copy of a Will and Trust?

My parents both died I didn’t find out found until about for 2 months later. I had recently spoke with my mother before her passing and she stated there was a Will and Trust and I was to receive something. My older sister, who was sued by mom and dad for elder abuse, will not talk to me about the Will or its contents. To make matters worse, my parents had just won a settlement against my sister for money damages. Now that they’ve passed and she won’t disclose the Will to me, she could be getting that money right back. I just want what I know mom and dad would of wanted. How do I find a copy of the Will and Trust and what do I do next? Sue my sister?

Asked on April 26, 2013 under Estate Planning, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You go to the courthouse in the county wherein your parents lived. If they had someone probate the will, then it would be there. If not, you need to go through their home and see if you can find any such document. Furthermore, if you know of any lawyers they worked with, check with counsel about it. Ultimately, if your parents had won a suit for elder abuse, then your sister's gifts could be voided if you open probate and show how she lost the civil suit against her for elder abuse.


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