How do I go about seeing who his beneficiaries were, seeing what his will said, and everything else? 6 Answers as of January 27, 2016

My dad passed away unexpectedly on October 18th, 2015. My grandma says my dad left everything to her and she refuses to let my brother or I see the will or any paper work stating. I'm only 20, my brother is 25. We weren't expecting this and we are both lost at where to go from here. But I do know my dad would always say that when he dies my brother and I won't have to worry about being financially troubled, even though he's gone he will still be helping us with what he left behind for us.

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Law Offices of George H. Shers | George H. Shers
Demand she produce the Will and anything she claims supports her position. Tell her if she will not, you will file to probate your father's estate [read Nolo Press books on what is involved], which involves filing for probate in the county where he resided and if she has taken anything she is not entitled to you will have to sue her and see if there is an criminal liability on her part. In California, unless he left a valid Will stating the opposite, the children of the deceased [if there is no wife] usually get all the assets, not the grandparents.
Answer Applies to: California
Replied: 1/27/2016
Danville Law Group | Scott Jordan
Before we can determine how to force the issue with your Grandmother, can you describe what assets your father had when he passed? For instance, did he own any real property (i.e. a home) or did he have life insurance?
Answer Applies to: California
Replied: 1/27/2016
WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
When someone dies, all of the individual's assets including cash, bank accounts, real estate, automobiles, jewelry, electronics, clothes, and any other personal possession becomes part of that person?s estate. Someone who dies with a will is referred to by courts as having died testate. Someone who dies without a will dies intestate, and the distribution of his estate is governed by the state?s intestate succession laws. If a loved one has died, you may have the right to be involved in the proceedings and see the will. There are two different avenues for gaining access to the will: 1. Receive a copy of the will from the estate?s executor If you are named in the will, the estate?s executor should provide you with a copy. If a copy has not been provided, ask the executor for one. 2. Access the probate court's public records Wills in probate are considered public record and are open to read. Visit the probate court in the county the individual died. If the will has not been probated ? and so isn't yet in the public record and you know that someone has a copy of the will but won't show you, you can file a motion in probate court to compel the individual to turn over the will. You only have standing to file this motion if you are an *interested person*, however. An interested person is someone who is named in the will or would inherit from the estate under the state?s intestate succession laws. The latter category is generally limited to spouses, children, and parents of the deceased.
Answer Applies to: California
Replied: 1/27/2016
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
If your grandmother will not provide the requested information, you should immediately contact a probate attorney to either formally request this information or initiate the probate process for your father. If your grandmother has a will or any other information pertaining to your father's estate, she will have to produce them. You want to move quickly, as you do not want her to liquidate any assets.
Answer Applies to: California
Replied: 1/27/2016
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
You probably need to find a local attorney to help you get a copy of the will from your grandmother. Depending on the value of your dad?s estate and what property he owned she may have to open a probate with the court in the local county to transfer the property. You could start by checking there to see if anything has been done.
Answer Applies to: California
Replied: 1/27/2016
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Hire a probate lawyer to file a petition to probate your father's estate immediately to protect your interest in the estate.
    Answer Applies to: California
    Replied: 1/27/2016
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