My Father Passed Away and His Wife Will Not Give Me a Copy of the Will

[GOONIE]

My question involves estate proceedings in the state of: California

My father passed away on Christmas day 2011 and his wife of 8 years did not have the decency
to call me or let me know. I continued to call her and finally spoke to her. She said I was a terrible
son and he left me too much. I continued to call and ask for a copy of the Will. After numerous
phone calls she calls back leaves a message stating she is willing to work with me. Never heard
from her. I sent letters and called all the time. If she answered she would just hang up. Then one
day an officer calls me and says he has some paperwork to give me from his wife. I'm thinking finally
I get a copy of the Will. Well NO I RECEIVED a CIVIL HARASSMENT RESTRAINING ORDER. I live in the
state of Idaho now and am 1200 miles from Southern California. So now I have to show up in court
in April in Norwalk to defend myself. The judge asks her what have I done and if I have threatened
her etc etc... her answers were no he just wont stop calling. In here filing on this she made several
lies that just perjured herself. The judge asked her if there was a Will and she said No THERE WAS ONLY
A LIVING TRUST. She said no just a trust and the judge interupted her and told her that he knows the law
and if there is a living trust then there is a Will. Then she goes on and said I only wanted everything of value.
Well of course I do! He has many things of mine that he has been holding for me since childhood.
She stated they didnt have much and they were only married for 8 years. I told the judge that was a lie
they had plenty including rentals. I just want whats mine like my heritage, my coins and I had a list.
I said he has been my father for 47 years and your husband for 8 and who are you to take my family
photos and lineage away from my children and myself. My mother had to call his union to stop the checks
coming to her and social security letting them know he passed. The only thing is and the judge was nice
to me and said I am giving you a Non Clets Order that will not be filed in the state and that I can act as
my own attorney during this process. I just cant call her but I can send letters about Probate proceedings.
I know in California you have to file the will within 30 days of death and that if an executor fails to provide
or contact heirs or causes problems she can be removed and ordered to put all money and assets back
including life insurance. I have probate papers ready of some sort but what should I do and what is the best
course of action to get a copy of the Will and have her completely out of my way. I dont think they were
even legally married in the United States also.
Thanks

[Mr. Knowitall]

I have probate papers ready of some sort but what should I do and what is the best course of action to get a copy of the Will and have her completely out of my way.

I cannot comment on "probate papers... of some sort" - I expect you're talking about the necessary documents to open an estate and have somebody (i.e., you) appointed as administrator of the estate. The administrator can seek an order compelling the surviving spouse to turn over the trust (and any will), as well as to investigate assets (e.g., whether real estate was held by the estate or trust). It may be possible to identify the law firm that helped draft the trust and, if so, that law firm may have a copy of the will they created at that time.

[GOONIE]

Well he lived in Los Angeles County and Norwalk Superior would be the place to file it. I am just left in the dark and havent a clue on where to start on a copy of the Will itself. His wife stated in court there was no Will just a trust yet the judge spoke out and said he knew the law and if there was a trust then there is a Will. I am moving back to Calif for 6 months to start probate and have her compelled to produce a copy of the Will and prove she has failed as the executor by not following the codes and procedures. I hope in the end I can really stick it to her since she didnt even have the decency to even tell me he passed away or add his only child in the obituary. Some people are just unbelievable at times.
Now if she owned a house before the marriage and they were married 9 years and the house is worth much more now than then... would he have any rights to the equity in the home?

[harrylime]

His wife stated in court there was no Will just a trust yet the judge spoke out and said he knew the law and if there was a trust then there is a Will.

You misinterpreted, or the judge was incorrect, or the judge was bluffing to see how the wife would respond.

But there is no legal requirement that anybody have a will - whether a trust exists or not.

Most people will execute a will even if they have created a trust. Often the will is what is called a "pourover will" - one that simply directs that whatever they own that is not already part of the trust becomes part of the trust. But there is no requirement that a will be created.

[aaron]

I will say that it's highly unusual for there to be a living trust and no will, and if a law firm prepared the trust it's difficult to believe that there is no will.

[jsmith281]

If she owns a house ,you need to research on state law to see if your deceased father owns part of it.