Legal Question in Wills and Trusts in California
My father passed June 2009 in Rocklin, Calif. Prior to his death, he phoned me to specify that I get his guns & fishing gear. 2 weeks after his death, my step-mother called to inform me that she had given one of the guns (World War I) to her brother "Chuck". She fumbled over the reason why (because she wanted no guns in the house, "they" were going to hire someone to take the WWI gun only to Chuck's residence). My fathers will does state that step-mom has the right to dispose/distribute their personal property. So far to date, the only thing I have received from my step-mother is my dad's Airborne cap & grandfathers dog tag from WWI. My question is can I legally get the gun "given" to her brother, my greatgrandfathers bed, & a few other family heirlooms orally agreed to receiving prior to my father's death? Step-mom had all possessions named in their home and still does for all I know. She is not talking to myself or sister presently.
1 Answer from Attorneys
Unless you have something in writing that documents your conversation with your father, you are probably out of luck as the written Will would be what a Court would follow. Did your father and step-mother have a pre-nuptial agreement or some other document that was subsequent to your father's Will that discusses the disposition of his property? Have you thought about approaching your step mother's brother and asking him for the property in question? I hope this helps.
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.
