Legal Question in Wills and Trusts in California
Am I entitled to anything?
My father passed two months ago. I am a child from a previous marriage. He and his wife got a settlement a few years ago and they have annuity left. It was verbalized to me and others in my family that if he died his portion of the money would be split in half by me and my half sister. My stepmother is now getting the annuity early and taking the penalty. He had no will and because she is in debt she is changing the story. She is only trying to give me a couple hundred dollars. Am I entitled to anything?
3 Answers from Attorneys
Re: Am I entitled to anything?
the answer to your question depends upon how ownership of the annuity was held. if it was in joint tenancy or as community property with his second wife, it is likely that the whole annuity is hers.
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=05001-06000&file=5201-5205
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=100-105
if his share was his separate property, then she would be entitled to less and you and your half sister should share in the annuity.
SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414
Re: Am I entitled to anything?
You and your sister are entitled to 2/3 of his separate property. Anything that was joint tenancy or community property would go to his wife.
Re: Am I entitled to anything?
I am very sorry to hear of your father's passing. I'm sure your step-mother's actions are not making it any easier for you.
The annuity ownership will depend on how it is titled. It will also depend on what the settlement was for.
You are always able to file suit with your family as witnesses of his intentions, but without a writing it will be a difficult fact to prove.
You are entitled to items that were his before the marriage, separate property, providing they were not comingled with after marriage items, unless they are very traceable.
There are many other items that would need clarification before a truly informed opinion can be given to you. I am sorry that there is no definate answer to your question, but it lies in a somewhat grey area of the law. Perhaps if you provided me alittle more information about the annuity, about your father's possessions that he owned before marrying your stepmother, things like that, then perhaps I'll be able to guide you a little better.
Please feel free to contact me through my firm's site at www.No-Probate.com.
Scott Linden
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