Legal Question in Wills and Trusts in California

My dad passed away in 2007, my step mom has everything because my dad left no will and she didn't give anything to me or my brothers. My grandma has a written will from my Dad dated 1979, it was signed and dated by my mother (she passed away in 1979). It says if something happens to him or my mom, everything goes to me and my brothers. My Grandma says there isn't much time left to seek an attorney, is this written will legal since it was from 1979? If so, I'm looking for a Pro Bono attorney in the Orange County, CA area. I just want was is rightfully mine and my brothers, someone please help. Thank you.


Asked on 7/06/15, 10:23 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

It's over. Everything was probably jointly held between your father and his second wife. All that belongs to her, regardless of what his will says, because those assets pass outside of probate.

Also, his will, signed before he married her, was revoked with respect to his second wife. That means she inherits all community property and 1/3 of any separate property owned by your father, if any.

Finally, if there was a probate or spousal property petition in 2007, your opportunity to object to anything has long passed.

Read more
Answered on 7/06/15, 10:28 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California