How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9702
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
63726236
Type Your Estate Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

How can I get a copy of my former husband's will 3 children?

Customer Question

How can I get a copy of my former husband's will for my 3 children? His girlfriend says she is the executor and everything was left to her
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

A few minutes please.

Expert:  LegalGems replied 1 year ago.

I'm looking into this and it will be a few minutes.

Expert:  LegalGems replied 1 year ago.

Thanks for your patience. So any heirs (and these include those entitled to inherit under the laws of intestate succession -so that would include children) are entitled to a copy of the will.

If the will has been submitted for probate, it is part of the probate record and is available for viewing. It should be in the probate court in the county where decedent last resided.

Expert:  LegalGems replied 1 year ago.

Alternatively, one may send a written request for a copy of the will (certified, return receipt requested). Each executor has a duty - called a fiduciary duty- to distribute assets according to the will and to keep the heirs reasonably informed of the probate process, including the filing of the will and the issuance of letters (the legal authority to act on behalf of the estate).

Expert:  LegalGems replied 1 year ago.

It is against public policy to disinherit minor children (though one is permitted to disinherit adult children)

Expert:  LegalGems replied 1 year ago.

Thanks for your patience; the site is having tech problems; it keeps deleting my response:

The custodian of the will (the person who has the will at the time of the person’s death) MUST, within 30 days of the person’s death:

    • Take the original will to the probate court clerk’s office within 30 days. Contact your superior court courthouse to find out where the probate court clerk’s office is located.
    • Send a copy of the will to the executor (if the executor cannot be found, then the will can be sent to a person named in the will as a beneficiary).

If the custodian does not do these things, he or she can be sued for damages caused.

Expert:  LegalGems replied 1 year ago.

This is a pamphlet put out by the SF bar, but is applicable for the most part throughout the state. It explains the probate process: http://www.sfsuperiorcourt.org/sites/default/files/pdfs/1885%20Probate%20Info.pdf

Expert:  LegalGems replied 1 year ago.

--------------------------------------
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!

Related Estate Law Questions