Legal Question in Wills and Trusts in California
Hi, My name is Allan and I am acting as Power of Attorney for my mother in law Marguerite McConnell.
Marguerite's father recently passed away at 102 yrs old (Ohio resident). We live in CA. Marguerite is the only child.
Widow told me there is a Will and that no probate was filed.
Her fathers assets were (we are told by widow) put entirely in widows name within a year ago, and that Marguerite is to now be given $100/ mo until day she passes. And beyond that, all left over (Marguerite's remaining inheritance) stays with Widow.
Marguerite was told often in the past that her father was leaving her a substantial amount of $. We have no idea how much - she remembers it being over $100k.
We want verification of �his last words�, most importantly regarding the $100/month will declaration. We want to be sure this wasn�t simply �verbal� or possibly entirely fabricated.
Obviously we have no lawyer, and she (widow) allegedly does.
Its just me right now, and I'm learning on the fly how to handle this.
I�ve asked the widow for a copy of the will so that we can see what �his last words� are. She has not yet provided it. I hinted that Marguerite may proceed with probate (I believe she has legal right to do that??) I'd rather this can be settled without the probate costs and time. And I know the widow does not want probate.
We would like to get copy of will very soon to put this stress behind us and get answers and hopefully closure on matter.
Perhaps we just need to be patient for my request? My wife(Marguerites daughter) thinks I should demand a deadline.
Can you recommend some course of action? Do we NEED a lawyer now? or how long should I wait for a copy of will? Should I make any demand that can be backed by law. Any suggestions?
A very important aspect of all this is we (myself and close family to Marguerite) have no financial means to fight this. Marguerite has no financial assets. I'm struggling to stay out of bankruptcy myself.
Thank you for your time.
1 Answer from Attorneys
Your question is governed by Ohio law and anything you do will have to be done in Ohio. You need to ask your question to the Ohio lawyers. Use the deceased's zip code.
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