Legal Question in Family Law in California

I lived with a guy for twelve years but we werent married, however he was the father of my son whome is now 14 but step father to my daughter since she was 2 and is now 17, that is until he passed due to stomache cancer of may 2006 at the age of 62. Now I was a stay at home mom while he was the provider, so I depended on him while his mother was the financial advisor and held his check book meanwhile paying all of our bills with his money, before he passed he said I wouldnt have a thing to worry about and the kids and I would be well taken care of, well, I of course wasnt concerned with anything at that time but I was devistated that he made his mother benifiary of his estate leaving me with nothing, Now the last three years have been so tough, reasons are unbearable, `He bought the house as a fixer upper and remains that way, while he became ill and was unable to make the repairs, unfortunately Im now dealing with a bad septic problem was told its the leeche line and financialy unable to fix, now because Im american Indian I tried to recieve help through the indian office but they were unable to help me beccause I was told the deed to my house isnt official it has the wrong lot # on it but I recieved papers in the mail to rerecord but it requiered getting his mothers social security # but she wouldnt give it. I dont know what to do, but for the longest time I just excepted things after he passed because Im so mad at myself for hadding settled for things the way they were all those twelve years depended on him being all content and now I feel so nieve to alot of things for one being a homeowner is a scary thing let alone property taxes but I feel like I just woke up, as if it all just slapped me in the face, but I took care of him for 2 years with the help of Hospice up until his last breath, Mentally Iv just been drained but my kids whome I love with all of my heart made me realize I need to do something for us. now my kids and I dont speak to his mother because she said she was taking the money because he owed her I said just give me the car and house she did and Im about to lose my house do to property taxes at which it is in real bad condition my source of income Im ashamed to say is my sons survival benefits but Im going to college to get a career, sorry so long my appoligies, Is there any kind of help available for my situation? thank you sherry


Asked on 12/10/09, 3:27 am

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

You need a lawyer, as you and the children cannot be excluded from the will without a lot of special legal work, which I doubt was present. You and his child should have inherited something. Call a probate law specialist and get a free consultation. Good luck!

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Answered on 12/18/09, 10:56 pm


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