Losing a loved one is difficult enough. The last thing you should have to worry about when enduring this emotional turmoil is a legal battle over their final wishes. Unfortunately, it’s not uncommon for a family dispute over a will to turn a well-intentioned situation into a nightmare, and situations involving a family member hiding a will are all too common nationwide, but especially in California.
“For a beneficiary, the betrayal of a family member hiding a will is often just the beginning of a larger legal conflict. Your greatest power in this moment is to understand your legal right to the document and to act swiftly. In probate law, momentum and decisive action can be the difference between recovering what is rightfully yours and a total loss,” said Alison S. Gokal, a Partner at Gokal Law Group who draws on nearly two decades of complex litigation experience. Alison Gokal is a leading authority in California trust and probate law who has established a reputation for her tenacity and ability to successfully try cases against powerful, well-resourced corporations.
If you’re a beneficiary dealing with a hidden will, it is crucial to contact an attorney to enforce your beneficiary rights and ensure that you receive the inheritance you are legally entitled to.
Can Someone Hide a Will From You in California?
In California, someone cannot hide or destroy a will. In fact, it is illegal and a severe violation of your probate beneficiary rights. If you are in a position where a family member is hiding a will, contact a probate litigation attorney ASAP.
A will is a legal document that outlines a person’s final wishes. Once a person passes away, the will becomes a public document, and anyone with a vested interest in the will, such as a beneficiary or heir, has a legal right to view it. A family member hiding a will is violating this right.
The law requires the custodian of a will, the person with possession of it, to deliver it to the superior county clerk where the decedent resided within 30 days of the testator’s death. This process is known as “lodging” the will.
Someone who fails to comply or obstructs this process could even be held liable for damages that result from this delay.
Related Article: How to Find Out if Someone Has a Will
Do Family Members Have a Right to See a Will in California?
Yes, many family members have a legal right to receive a copy of a will, especially those who are either named as beneficiaries in the will document or are considered legal heirs.
Related Article: How to Prove a Will is Fake in California
Why Would a Family Member Hide a Will in California?
A family member hiding a will can certainly be devastating, and there are several reasons why they may do so. It’s important to understand common motivations to grasp the severity of this situation. Most of the time, the reason is to benefit themselves financially.
Common reasons a family member will hide a will include, but are not limited to:
- Financial Gain: A person may hide a will that names them as a beneficiary in a smaller portion of the estate in an attempt to receive a larger inheritance, or to keep an inheritance from another beneficiary.
- Disagreement with the Will: A person may believe the will is unfair or may disagree with the deceased’s final wishes and choose to hide or destroy it.
- Control Over the Estate: A person may want to be in control of the estate and believe that hiding the will is the only way to do so.
In all of these scenarios, the person hiding the will is acting in bad faith, and it is imperative that you consult with a probate litigation attorney to enforce your rights. The law is clear on this matter, and those who attempt to undermine the legal process for their own benefit can be held accountable.
Related Article: What Are Signs of Inheritance Theft?
5 Steps to Take when There’s a Family Member Hiding a Will
If you are in a situation involving a hidden will, it’s important to act quickly and decisively to protect your rights and ensure your loved one’s final wishes are honored. Here are five steps you should take if you are dealing with a family member hiding a will in California:
- Contact a Probate Litigation Attorney: The first step to take is to contact a lawyer. A skilled attorney can help you navigate the complex probate litigation process, and by acting as your facilitator, they can advocate for you and enforce your rights from the beginning.
- Confirm the Will’s Existence: Your attorney will work to determine if a will was ever created. They will check with the deceased’s legal and financial professionals, or with a local courthouse to see if one was ever filed, which is an essential step to confirm your suspicions.
- Formally Request a Copy: Your attorney will send a formal, written request to the family member who you suspect has the will. This letter will be sent via certified mail and will clearly state that you are a beneficiary and have a right to a copy of the will.
- File a Petition: If the family member refuses to produce the will, your attorney can prepare and file a petition with the probate court, adhering to all key filing deadlines and requirements. This will ask the court to order the family member to produce the will.
- Issue a Subpoena: If, after the petition, the family member still refuses to cooperate, your attorney can ask the court to issue a subpoena to compel them to produce the will. A subpoena is a legal document that requires a person to produce a specific document or appear in court, and failure to comply can result in legal consequences.
“A will is not just a document; it’s a legacy built on trust and a promise to a beneficiary. When that promise is broken by someone who chooses to hide it, we don’t stand idly by. We become your sword and shield, fighting fiercely in the trenches to safeguard your inheritance and financial future, restore the integrity of the estate, and honor your loved one’s legacy,” said Alison.
Related Article: How to Protect Your Inheritance from Siblings in California
Don’t Tolerate a Family Member Hiding a Will. We Can Hold Them Accountable.
A family member hiding a will is a betrayal of trust and nothing short of an insult to your loved one’s legacy. At Gokal Law Group, we have years of experience dealing with complex estate and trust disputes. We are fierce advocates for clients and are ready to fight to restore justice and protect what is rightfully yours. We will work tirelessly to hold the family member accountable, ensure the will is administered properly, and that your loved one’s final wishes are honored.
Contact us today to schedule a consultation and take the first step toward a positive outcome.
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