Legal Question in Wills and Trusts in California

My father died 2/3/10. He was 89. My mother told me that he had no will and that she is the legal beneficiary of all of his assets. My mother is 87 years old. She has a home worth almost a million dollars and she has hundreds of thousands of dollars in various bank accounts. I have one younger sister. What will happen when my mother dies? She refuses to pay for the services of an estate attorney to help her write a will. She said that my sister and I will automatically receive half of her estate. What should I do? Please help.


Asked on 2/09/10, 11:14 am

3 Answers from Attorneys
Michele Cusack Pollak & Cusack

Your mother is correct that you and your sister (if you are the only children) will be her intestate heirs. However, the process is not "automatic." When your mother dies, you and your sister will have to file a Petition for Probate. This would be the case even if your mother had a Will.

If you and/or your sister can afford it, it would be worth your while to pay for your mother to get a living trust (probably about $2,000) as it will save you money later. But, if your mom is not willing to do this regardless of who is paying, it is not the end of the world. The probate fees and expenses will be payable out of the estate.

Read more
Answered on 2/14/10, 11:24 am
Robert F. Cohen Law Office of Robert F. Cohen

Real property cannot be transferred without a probate being open, unless there is a living trust in place. Then it's easier. What will happen to the real property, though? Will one (or both) of you want to live there, or will one of you want it sold? That's when it will get complicated. You'll eventually need an attorney to sort out the issues, unless you and your sister can agree on a common plan in advance. Good luck convincing your mother to prepare a trust to avoid family discord later on.

Read more
Answered on 2/14/10, 11:34 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

If you and your sister are the only children then when your mother dies you would each receive half of her assets, after any debts are paid. Your problem is that you will have to go through the Probate Court to handle everything. That process could take as much as a year and will entail legal fees and other costs. It would be better for your mother to put everything into a revocable trust (also sometimes called a living trust) so that you don't have to go to court when she dies. This is not a complex or expensive process, but would require your mother to meet with an attorney. If she is worried about the cost, you could offer to pay it for her. While it will cost you a little now, it will save you a lot of time and expense later. It will also help you in case, in the future, your mother becomes unable to handle her finances on her own.

We would be glad to assist you in this process, so please do not hesitate to call.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Read more
Answered on 2/18/10, 11:20 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California