Mabank, TX Estate Planning Law Firms & Lawyers

Assuming your father died with assets of at least $150,000.00 in California, and this was the state of his residence, a petition for probate would be filed in the county of his last known residence, and you should seek the assistance of a probate lawyer to handle the matter, and who are paid out of the assets of the estate.

Once a Will has been submitted for probate, it becomes a public document and can be read by anyone on the website of or requested from the local probate clerk.  You may think that your mother had no reason to leave things to someone who took care of her when you did not but she may have thought differently.  Since someone can make a Will in a "lucid moment" and a Will must be notarized with two witnesses, it would be very difficult to prove that she did not make the Will of her own accord, whatever her general condition.  In addition, undue influence must be so great as to overpower a person's normal wishes and desires.  While it is easy to imagine that someone was influenced by the care they received in their dying days, it is not so easy to imagine that a Will gifting the person who provided that care was obtained through undue influence.

If you are the personal representative, the lawyer helping you with the probate should explain your duties. Basically, they are to gather the estate assets, pay all legitimate debts, account for all expenditures, and after approval by the court pay/distribute the assets to the heirs. You should not make any distributions to yourself (or any other beneficiary) until approved by the court at the end of the probate.