Legal Question in Wills and Trusts in California
Childrens rights
My Mom died in 2006, She and my Dad have approx 10 million in property, etc. My Mom always stated she had a will, however, my Dad has said she didn't, I called the attorney and was told same. However, my mom had written out her wishes on a paper that she signed, and my Dad, myself, and others have all agreed she did write it and sign it. In addition, my Dad told me and several other members of my family that he intended on keeping the promise he made to my Mom to honor what she had written. She had stipulated that she wanted her half of their estate to be given out by 2 year anniversary of her death. This time has came and went, but my Dad hasn't done this, and has no intention of doing it. Do I have any rights to make him answer to a court of law or is there anything at all I can do about this. My Dad had kids before me, who he had with my Mom, she was married to him almost 45 years and I have strong suspicion that everything will go to them after his death and my brother and I will get nothing. My Dad has seemingly abandoned us but favors his kids he had with first wife, who he was only married to about 4 years, over 45 years ago. Isn't my Mom entitled to will, what was her hard earned half, of all their assets.?
4 Answers from Attorneys
Re: Childrens rights
The paper may meet the requirements for a holographic will, so it should be reviewed by an attorney to see whether probating it as a valid will is a possibility.
Re: Childrens rights
If you have a handwritten will, in the testator's own handwriting and signed by the testator, then you have a valid will. If you can obtain the original, or a copy, then you will need to immediately start a Probate proceeding or (according to your observations) subject you and your sibling to receiving nothing.
Our firm are experts at wills, trusts, estate planning and Probate. We would be happy to assist you, but I will need some more information before we can proceed.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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Re: Childrens rights
The questions is whether what your mom drafted was in fact a valid will, and whether evidence of this writing still exists. The presumption is that she destroyed the document you saw her draft, if it cannot be found after her death. Otherwise, your mother apparently died intestate (or without a will). The next question is whether she had any separate property, or was all of her property community property. Once you work through these questions, you will begin to see if you have a case or not.
This does not constitute legal advise. Your situation requires a through analysis. I am also not your attorney, unless and until, I am formally retained.
Re: Childrens rights
Did you have the paper of your mother handwritten desires. Then you can get your rights but within 3 years. So be carefull and findout the same else there are other ways. kindly send us your detail to guide your properly. Like you belongs to India or else etc.
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