Legal Question in Wills and Trusts in California

father dies with immigrant wife

My father died suddenly last week and his immigrant wife of less than 2 years also has husband in philipines and 4 kids. I am my fathers only child. His wife is not allowing me inside the house, but she is not staying there either. Do not know if he had a will or not, but am sure it would be in the safe deposit box or his files which are in the house. He also hadn't finalized assets divorce with my mother, and she has many belongings in the house as well. My address is still listed at my dads house with the DMV as I never changed it. I don't know what to do. Went to see a lawyer today with my mother and they were confused too. We want to check the safe deposit box and look in his files for a will, but she wont let us go in the house. Also, my mothers name is still on the house deed and some of the insurance and pention benefits, as they were still close. I don't want any problems with his surviving spouse. Their marriage was a disaster from day one and he even had divorce papers drawn up that weren't filed yet. She leaves for the philipines, and he dies the very next day. I don't know what to think or what to do, but it seems that she is somehow in charge of everything and knows it too. What can I do?


Asked on 12/19/05, 6:34 pm

3 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: father dies with immigrant wife

If she won't cooperate, and you don't think your father had a trust, I would file a petition to open probate. This should bring her to the table quickly. See an attorney for more advice.

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Answered on 12/19/05, 6:41 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: father dies with immigrant wife

We deeply sympathize with the passing of your father, and we hope you are doing ok emotionally under the very unfortunate circumstances. God bless.

As far as your legal situation goes, especially under such overall "suspicious" circumstances, you may want to IMMEDIATELY open probate in order to discover any will or trust intruments legally. For a free conultation, contact us ASAP this week.

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Answered on 12/19/05, 6:47 pm
Jennifer Sawday Sawday and Drake

Re: father dies with immigrant wife

I am sorry to hear about your Father. My condolences to you and your family.

I would suggest that you contact an attorney who handles probate and probate litigation to open probate first for your Father's estate.

Does your Mother have a final divorce decree or order stating whether she is entitled to a part of the house? If so, your Mother may be interested in your opening probate as well to preserve her rights to any of your Father's assets.

Please consult with another attorney.

I hope this helps.

[email protected]

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Answered on 12/20/05, 10:38 am


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