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Where do I begin to look for my deceased father's will?

Where do I begin to look for my deceased father's will?

Full question:

I live in CA and my father passed away recently, who lived and owned a ranch in Montana, where he died. He had a live-in relationship with a woman there for several years. She claims she doesn't know if he had a Will and if he did, she can't find it. I am one of three of his adult daughters and we don't know where to begin. His "girlfriend" was listed as spouse on his death cert. and this is not correct. We also don't know if she has been living in his house and/or using any of his funds. Can you please advise?

Category: Wills and Estates
Date: 04/07/2025
State: National

Answer:

Please see the information at the following link:

http://definitions.uslegal.com/l/lost-will/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who inherits property after death in California?

In California, if someone dies without a will, their property is distributed according to intestacy laws. Generally, the deceased's spouse and children are the primary heirs. If there is no spouse or children, the estate may go to parents, siblings, or more distant relatives. As a daughter, you would be entitled to your share of your father's estate in Montana, following Montana's intestacy laws.

Who is entitled to property after death in California?

In California, property is distributed based on intestacy laws if there is no will. The primary heirs include the spouse and children of the deceased. If there are no direct heirs, the estate may pass to parents, siblings, or other relatives. It’s important to consult with a probate attorney to understand your rights and the specific distribution in your case.

What happens if your partner dies and you aren't married?

If your partner dies without a will and you are not legally married, you may not inherit any property under intestacy laws. In California, property typically goes to the deceased's children, parents, or siblings. If you lived together, you might have some rights to shared property, but this can be complex. Consulting a probate attorney can help clarify your situation.

What happens if you live with someone and they pass away?

If you live with someone who passes away without a will, your rights to their property depend on various factors, including whether you are legally married or if there are any shared assets. In California, property typically goes to the deceased's legal heirs, which may exclude partners who are not married. It’s advisable to seek legal advice to understand your rights.

Do children automatically inherit parents' house?

In California, children do not automatically inherit their parents' house if the parent dies without a will. The house will be distributed according to intestacy laws, which prioritize the spouse and children. If there is no spouse, the house may be divided among the children. Consulting a probate attorney can provide clarity on your specific situation.

Does everything automatically go to a spouse after death in California?

In California, if a person dies without a will, their spouse is entitled to a significant portion of the estate, but not necessarily everything. If there are children, the spouse shares the estate with them. If there are no children, the spouse may inherit the entire estate. It’s important to consult with a probate attorney to understand the specific distribution.