How can I get a copy of someone’s California Will?

Posted on Mar 22, 2016 in Estate Planning, San Diego Lawyer, Taxes | Comments Off on How can I get a copy of someone’s California Will?

On Tuesday’s Word On Wealth radio show, www.KPRZ.com, I answered the following questions:

Q: How can I get a copy of someone’s California Will?

A: Wills are required to be filed 30 days after the death of the Testator (the person who made and signed the will). The Will gets filed in the courthouse where the person lived. If there is no Will filed with the court and you think the decedent had a Will, you will need to do some investigating with the family to see if it can be found. To transfer assets valued over $150,000 or any real property valued over $50,000, there will need to be a probate procedure started. Probate is a long court process designed to change title of property into the beneficiary’s name.

Q: Is the Trust filed with the court?

A: No. Not unless the trust is part of a dispute or the Court has been asked to give instructions.

Q: Can I get a copy of the Trust?

A: Yes. If you are beneficiary or are otherwise named or mentioned in the trust. (example: you are named as successor trustee)

 9 tasks every TRUSTEE is required to do:

1 – Invest and manage the assets

2 – Pay for health, education, and maintenance of minor beneficiaries, as required.

3 – Prepare and file income tax returns for Trust and Decedent, as required.

4 – Notify creditors by publication.

5 – Notify Department of Health Services.

6 – Prepare and get approval of an accounting.

7 – Distribute assets – change titles, etc.

8 – Terminate the trusteeship at the appropriate time

9 – Close the Trust

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GQ

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