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jb156200, Attorney
Category: Estate Law
Satisfied Customers: 275
Experience:  I am a Probate Attorney practicing in Tampa, Florida.
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Thank you, My Mother-in Law passed away in Sept. My Husand's

Customer Question

Thank you, ***** passed away in Sept. My Husand's sister is the executorix of the will , My Husabnd has asked for copy of the will and she refuses to give him one. Is there anything that can be done about this situation?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Yes, California
JA: What documents or supporting evidence do you have?
Customer: None
JA: Anything else you want the lawyer to know before I connect you?
Customer: My Husband's Stepfather is still living however, he is 90 years of age and gets confused at times. So, we cannot ask him for information
Submitted: 9 months ago.
Category: Estate Law
Expert:  jb156200 replied 9 months ago.

Hello. My name is ***** ***** I am a licensed estate attorney.

Expert:  jb156200 replied 9 months ago.

Do you know if the Will has been deposited with the County Superior Court?

Customer: replied 9 months ago.
Yews, in Alameda County, Ca.
Expert:  jb156200 replied 9 months ago.

First, send a letter to the Executor politely requesting the entire Last Will for the mother. Include the following language in the letter:

Please Provide True Copy of California Will

As you are required to deliver the Will to the Superior Court, you should have no objection in providing me with true copies at this time. If you do not provide me with a true copy of the Will I will have no choice but to file a petition in the Probate Court requesting the Court to order you to provide me with a true copy of the Will. Please note, if I’m forced to file a petition, I will request that the Court order you to pay for the attorneys’ fees and costs associated with my petition. I hope I am not required to file a petition and you will simply provide me with a true copy of the Will on or before DATE.

If you include the above-referenced language in your letter to the Executor, more times than not you will be successful in getting them to turn over the Will.

If the Executor still refuses to provide the Will, then you must seek help from the Probate Court to force the Executor to hand over these documents pursuant to a court order.

Expert:  jb156200 replied 9 months ago.

I also recommend that you send the letter certified so that if you do have to get a court order, you can show the judge that you politely asked for a copy and they refused. Judges do not like when executors blatantly ignore a legitimate request.