Legal Question in Wills and Trusts in California
My dad passed in 2005 without a will and owned a small business. After he passed my mom took over it as she was named his beneficiary. She incorporated the business and does have me listed as the treasurer as well as a signer for all banking purposes. Of course over the years I put my time in and helped the family out as needed. After I graduated from college (which I paid for myself) in 2007 I came back home and helped mom at the office. I got more involved, and even had hopes of making a career out of it. The original plan was for me to take it over but I ended up having to find other work because it was causing a strain on our relationship. I do not deny that she works very hard but it is now 7 years later and she is talking about selling it. She has no intention of sharing any of the money with my brother or I and instead plans on retiring with her boyfriend and using that money to do so. I love my mom, she works very hard, but this does not seem fair as it was our father's business, I did want to work there but it was her way or the highway.... I do not want to make this a legal matter if I do not even have a case. Does she have the right to sell it without our consent? If she does, is she entitled to ALL of the money or does she have to split that with us?
3 Answers from Attorneys
In my opinion, your mother has every right to sell the property and keep the profits from the sale. She does not have to share any of the money with you or your brother.
Scott Jordan is entirely correct, unless you have some substantiating document that would support a claim.
Did your mother pay you for your work? If so, she doesn't owe you anything.
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