Legal Question in Wills and Trusts in California

Death of Father

My father passed away about 17 years ago at which time I was 8 years. At that time I was told that everything was left to her in hopes that it would be distributed to my brother and I upon adulthood. Instead I was kicked out at 17 and my brother at the age of 18 and nothing was turned over to us. My now estranged mother went through our college funds and bonds. In fact she recently sent the documenation over through a family friend for us to claim. When I I found that she had continued to transfer the money out of our accounts prior to handing them over. She sold one of the two homes, and sold all of the cars and a bussiness. She remarried 8 years ago and has since placed all of my fathers assets in her new husbands name. My mother has a fraudulant past so it would not surprise me if she were acting out of greed. I am concerned that this could be anouther one of her schemes. I did attempt to research his will and according to the probate clerk he did not have a one. How can that be if she divided up the bussiness's assets between herself and my step-sister? How do I find out what/if anything my brother and I are entitled to? Can I seek legal action?


Asked on 1/15/08, 5:07 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Death of Father

If there was no will, 1/3 of the estate went to her and 2/3 to you and your brother. If she abused her fiduciary duty to you regarding your inheritance, you are left to sue.

There is nothing else really you can do. If you and your brother do not act to protect your rights, no one will. You should act soon so as to avoid a statue of limitations problem.

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Answered on 1/16/08, 1:07 am


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