Expert: Keith Northington - 11/4/2009

Question
my aunt died in california (one month ago)  my fater has asked the executor (neice of aunt) for a copy of the will and she  will not send a copy, her reply is, she is seeking legal counsel.  my father is named in the will, and has been left the majority of my aunts estate. he lives in florida, the executor lives in california.  what is his recourse?  thank you

Answer
He needs to check online for the county courthouse probate court records (or call them) to find out if probate has been opened yet for the decedent's estate.  If probate has not been opened, he needs to hire a probate attorney in the same city where the county courthouse probate court is located to get probate open so that the judge can ask whoever has the will to produce it for court.  tiekh@yahoo.com Probate Researcher