Legal Question in Wills and Trusts in California
My father got cancer and passed away in august 2011. He remarried just before he died, the step mom got the all the life insurance money, 401k, and all of his belongings. My father had no will. I was ok with her taking all of his things but i come to find out she is seeing someone now less than a year after my fathers death. I think she used him during his time of sickness just to benefit from it. Is there any way i can legally get back all or some of the things she took from him?
3 Answers from Attorneys
Not likely especially if she was named as beneficiary on the insurance and 401k.
It would be a very difficult case to prove. You would have to establish that your father lacked the capacity to determine who should receive his property at the time of his death. Alternatively, you would need to establish that your stepmother exerted undue influence over your father. Unfortunately, the fact that your stepmother is dating someone less than a year after your father's death does not prove either undue influence of lack of capacity. An additional problem is that you agreed that your stepmother was entitled to receive your father's estate at the time of his death. You would have to prove that representations made by your stepmother to you were false or fraudulent, in addition to proving your father�s lack of capacity or your stepmother�s undue influence over your father.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
