Legal Question in Wills and Trusts in California

Establishing identity of "nephew" in another state for Mom's will.

Mom died,left approx. $5000, mainly from her life ins. pollicy. At the time of death, three of my four sibs were still living. The sister who passed left a 5mo.child, who was about 2yrs when my Mother died. Mom's handwritten will (which we discovered she'd done just before entering the hosp., where she passed away) stated her wishes: 1/5 to each of her living daughters(3), "ONE DOLLAR to brother (he'd only spend it on drugs, we figured she thought)"[brother has since died, also] and 1/5 to orphaned neice. Also, 1/5 to be divided between brother's daughter, and his ex-wife's illigitimate son. Main problem now, the "boy" will not provide any proof of his identity, won't tell who employer or minister is (thought they might be trustworthy), and he is not in good standing with the rest of the ex's family. May I add, this bunch are quite suspicious, inflexible, untrustingand noncompliant and I just need to know how to guarantee the person getting the check is the person my mother wanted it to go to . I am in CA-he is in Arkansas. Also, am I legally required to follow handwritten, unwitnessed will, even tho he does know of its existence? thanks for your input. TB


Asked on 7/25/00, 6:28 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Establishing identity of

if there is a doubt as to his ID dont pay him anything until it is cleard up. Just leave his share in the estate bank account and let him make the next move.

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Answered on 9/14/00, 4:41 am


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