Legal Question in Wills and Trusts in California
father died and step mother is still living in his house?
My father died about 4 months ago from multiple sclerosis. Before his death I
believe that my step mother had power of attorney because my father was
bedridden. Well now that he passed away I am concerned because she and
her 27 year old dead beat son are still living in his house and are controling
all of his assets. They will not give me a copy of the will or give me any
information reguarding the situation. I do believe that they are in contact
with his lawyers and have knowledge concerning the situation. I feel that they
are hiding something and are trying to keep all of his assets and his estate. I
had spoke with my father about it when he was not ill and he said that he has
a will and my sister and I will inherit his assets. I am concerned that since my
step mother had power of attorney she may have changed his will without
him knowing, or got him to agree to soimething when he was heavily
sedated. How do I determine if there has been a probate or if ther has not
been one how to get one? Do I need a lawyer? I would also like to know if
there is a time constraint? Is there a way to freeze his assets and evict her
from his property until the issue has been settled? THANK YOU
2 Answers from Attorneys
Re: father died and step mother is still living in his house?
It would be helpful if you had copy of the will. If you do not, it would be helpful if you knew who your father used to prepare the document. It is also possible that your father deposited the will in the local court.
If you can't get the will, you can always start a probate proceeding, which will force your step mother's hand and require her to state her position. Such a proceeding will also give you an opportunity to conduct discovery and subpoena her records.
There are also tools to freeze assets, but you have to commence a legal proceeding.
If your step mother is not cooperating, it is probably time to find an attorney, sooner rather than later.
Re: father died and step mother is still living in his house?
you ask alot of VERY valid questions here, that probably would be best answered thru a free legal consultation/evaluation of your rights, in order to give you CLEAR direction. however, from the facts submitted so far, the best place to start would be to contact your deceased father's attorney, if he had one. if so, the attorney may know if a valid will existed for your father's estate, as well as the location of the will at this point. however, if your father had no such attorney, or you have no reasonable way of finding out for sure if there is a will, or where it may be located at this point, your BEST option would be to initiate probate of your father's estate at this point. by doing such, your stepmother and/or son would be compelled to disclose and produce the will, if there is one, and/or the Court will determine FAIRLY where/how all the assets in your father's estate should be equitably disbursed now. this would give you GREAT peace of mind, and no longer have to simply wonder/suspect your stepmother or her son are hiding ANYTHING from you. if you would like further, TIMELY legal assistance with this VERY pressing matter, contact us today for a free consultation/evaluation.
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