Legal Question in Wills and Trusts in California

death in family

My mother died suddenly without signing her will. My sister said she is the executor but that wasn't signed. My sister told me there was no life insurance policy but I found one. My mother bought the house I've been living in for 12 years and had me sign a letter saying that when I come up with 90K she would quick deed it over to me but my sister wants to put it in probate. Is this legal? My mother has been supporting me since my accident and I have no money. Can I get help from my mothers estate?


Asked on 7/16/07, 3:00 am

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: death in family

You are not protected except as an heir in intestacy. If your mother had no living husband, and you have no other sisters, you will inherit a 1/2 interest in all of your mom's assets, except the life insurance proceeds will be paid to the named beneficiary outside the probate estate. There will, of course, be expenses, and this will take time.

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Answered on 7/19/07, 11:20 pm


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