Sometimes, the most interesting topics for this blog arise out of ordinary conversations. Recently a friend related to me the circumstances of a troubled friend of hers. The friend was concerned that her siblings were going to “cheat” her out of any forthcoming inheritance upon the death of their mother. This woman wondered how she could get an advance look, so to speak, at her mother’s will.
And so her question becomes our topic: can any person see another person’s will? Before we try to answer, let’s shift gears for a moment, and think about all those movie and TV scenes in which the reading of a will leads to shock and surprise on the faces of the assembled family members. Part of the answer to our topical question relates to that kind of scene. The fact is, those shocked and surprised faces do indeed relate to real life, and not necessarily over-the-top drama.
That’s because a private will only becomes a public document after it has been filed in the California Probate Court. Until that time, after the testator’s death and up to the instant the filing takes place, a will is considered by law to be a private document. Once the will is probated, its contents may be read by anyone who chooses to pay the court fee for the documents.
Short answer, then, to the woman worried about her siblings? No, she may not (even if she is named Executor in her mother’s will) be able to see the will until it is probated. However, it is never a bad idea, in my opinion, to seek out more complete legal information and advice from a knowledgeable estate planning attorney. One of the best ways to put any fears or worries to rest is to get the right answers to your questions.
Please consider me your complete local resource for all matters relating to estate planning. I hope you will bring me your questions, and, when you are ready, your wishes and plans regarding your own future estate plan. From a simple will to answering your questions concerning privacy, more complex trusts, personal directives such as power of attorney or changes in guardianship designations, I’m here to help. Call soon to set up a consultation! I look forward to working with you. Contact us at 818.956.9200.
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