Legal Question in Wills and Trusts in California

Re: Father died, stepmother and his children's entitlement no will

If the will is accepted by the court and admitted as being a will of your father-in-law, the language of the will governs. If the will is not admitted, and is defective in any way, the intestacy laws of California will apply. How the assets will be distributed will then depend on whether an asset is community property or not.

Re: Father died, stepmother and his children's entitlement no will

You have left out some key facts that I would need to give you advice. You haven't told me what the will says. You haven't told me enough to figure out if the will can be admitted to probate (i.e. statutory requirements and no mental impairment). You have described serious problems and you should contact a probate attorney in the area where your father died as soon as possible.

As a general rule, assets held in joint tenancy avoid probate (i.e. the checking account). Property that is separately owned (the house) can be controlled by the will, but the spouse does have a right to assert a forced share for her community property interest, not the entire property). With four kids, the wife's community property interest would be 1/3rd. But if she also paid for the house, they may have destroyed the separate asset character of the asset.

Hopefully you understand that these issues are complicated. If we can be of assistance, please call us at 310.787.7577. There is no charge for an initial consultation.

Re: Father died, stepmother and his children's entitlement no will

Since the Will that he left may be a valid Will, you should immediately engage the services of an attorney in the California county where he lived. This attorney should be experienced with trusts, estates and California Probate.

You should not attempt to proceed without the advice of a qualified California attorney.

Re: Father died, stepmother and his children's entitlement no will

There are many questions to answer--what does the will say? Is it valid?

Next, is any property in joint tenancy? If so, the will does not affect joint tenancy property.

Next, what is the character of the property? This will depend on when it was purchased and the source of the money used to purchase it. With no will or trust, the person's 1/2 community property interest goes to his/her spouse, and 1/3 of their separate property goes to his/her spouse, with the remaining 2/3 separate property to his/her children. With a will or trust, the person can direct that property to any person or persons or entities.

Regarding the foreign land, that depends on the laws of that country--does it recognize U.S. wills?

Re: Father died, stepmother and his children's entitlement no will

If the will is determined to be valid, the terms of the will would control. If not, the manner in which title is held will have a great bearing on what happens to the property, business, etc.

You need to hire an attorney to protect your rights and to look at all of the facts. Chances are, someone will need to open a probate to resolve this matter.

Re: Father died, stepmother and his children's entitlement no will

To make a final determination, again, we would need to see the will and the circumstances surrounding the signing of the will.

I would recommend speaking with a probate attorney, please call me if I can be of service to you.

Re: Father died, stepmother and his children's entitlement no will

I take the you're telling me that the Will was written in an emergency situation so that it may not have an effect. Let's get real. If the Will was prepared during a period of time to your father knew what he was doing, had his mental faculties, understood what the document was, signed it with two impartial witnesses seeing his signature and witnessing the Will, the terms of the Will tell you who gets what. How can you asked someone what they will get if you haven't disclosed what the Will says. You are hopefully making assumptions the Will has no fact and that is not necessarily true. There are benefits and detriments to a contest of a Will. You must understand this. If we're talking about a substantial state why haven't you contacted an attorney who has an expertise in estate planning/probate to invite you. You're wasting of time could hurt you substantially. Don't try the freebie approach because the other side of the coin could mean you would lose many thousands of dollars potentially without seeking someone who has the ability to really help you. Ask immediately and get yourself an attorney. I am in the San Francisco Bay Area have been handling estate planning/probate for over 30 years. If you wish to contact me I am at 925 -- 945 -- 6000.