Legal Question in Wills and Trusts in California
My dad & step-mom owned property together. When she died she left her half to my brother & my sister & no one could change it. (irrevocable) My dad combine her & his bank accts. over 10 yrs. ago. Now that he died, the lawyer stated that the $ my dad combined from his spouse should B divided the same way as the house. In other words, half of all the $ should B for my sister & my brother. Even though is not stipulated on the state. Is there such law?
1 Answer from Attorneys
You need to provide additional information for any of us to give an intelligent response. How was the title to the property held by them, what were the terms of the Trust [Wills are not irrevocable], terms of any Will, statutes or case law cited by attorney for their opinion, who paid for the property when they were both alive, etc. If it was held in joint tenancy the property would have passed entirely to your father, if it was put into a trust then that would likely void the joint tenancy. If the bank accounts were joint and not in a trust then all the funds would have gone to him and on his death would pass as his Will or his trust states.
You need to prepare a detailed summary of all the facts and then consult an attorney(s)who handles such matters to find out where you stand and what you can do. It may take about 1-2 hours of consultation time at about $300-$350 per hour, but it will be worth it. Since I am semi-retired, i charge $150 per hour. You should act quickly before the estate is distributed.