Legal Question in Wills and Trusts in California
Evil stepmom
My father died in march of this year. I believe he left control of everything to his wife. I was led to believe by my father that certain personal property was meant for me when he passed on. My step mother doesn�t agree. She says everything is hers and I shouldn�t assume I am entitled to any of my fathers estate. If his will leaves her everything, and it very well might for simplicity, do I have legal recourse? I believe she is not following his wishes by keeping everything for herself. Also there were insurance policies that my sisters and I were beneficiaries of from when we were children . How do I find out what has become of them?
3 Answers from Attorneys
Re: Evil stepmom
I am sorry to hear about your father. The sadness associated with the passing of a loved one is only exacerbated by family feuds. As a child of divorced and remarried parents, I understand your situation very well.
First question, how was everything transferred. Was there a will or did everything just pass to surviving spouse? Do you have a copy of the will? Do you, or your sisters, know the names of the life insurance companies?
The answer here is really going to depend on the results of some "leg work".
Unfortunately, several more key pieces of information are needed to even be able to begin to formulate an answer with any certainty.
I am going to have to agre with Attorney Olden here; I also recommend you gather all the information that you have available and visit an attorney who specializes in trusts and estates.
If you would like our firm to review some of the issues with you further, please feel free to contact us directly at (626) 578-0708 or online at
www.No-Probate.com.
Re: Evil stepmom
Generally, what the will says demonstrates the intent of the person who made the will, and verbal statements do not matter. If there was coercion in the drafting of the will, that is a different story. Have you seen the will?
If you know the name of the insurance carrier, you can contact them regarding the policy.
Re: Evil stepmom
Okay, let's do this to reel simply, standup, turn off the computer, and go get in the car and go to an attorney who you'll have hopefully already talked to and set up an appointment with pool is expertise in probate/estate planning. Bringing him/her all of the paperwork the you'll have in your possession. Tell this person all of the fact that you know and different name, phone number and address of all of the key people. And then listen to the attorney's legal advice and hopefully take it. You can do it alone you must hire someone who has experience and expertise in the area to help you. Telling you the procedure is it would not be right for me at this time as you may tell the attorney fax differently than you have put them in your question. Moreover, I can think of numbers of alternatives were I would need your help in deciding what you would want to do in your own best interests. As an attorney I basically take orders for my clients unless I think what they're doing is improper, the legal, or not in their own best interests. Good luck to you.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
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