Estate Law Questions? Ask an Estate Lawyer.
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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.
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).
It is against public policy to disinherit minor children (though one is permitted to disinherit adult children)
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:
If the custodian does not do these things, he or she can be sued for damages caused.
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
--------------------------------------Here is a link to locate an attorney:http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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