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.