Legal Question in Wills and Trusts in California
My father recently died and didn't leave a will I know of. His wife is not sharing information with me about his property or assets in regard to whether I'm a beneficiary or not. She won't allow me to have any mementos (any of his jewelry, she has a ring of my mother's and some jewelry of my grandmother's. I know he owns a townhouse with her, bought a condominum before they were married, he had a pension, collected social security, had extensive comic book and memorabilia collection, sports tickets and life insurance. They also have two bank accounts. I'm his only daughter, only child. Do I have any rights?
2 Answers from Attorneys
Sorry for your loss. You may have rights as an heir to certain property, but perhaps not as to other property. It depends on how title was held. If bank accounts and real property were in joint tenancy, then title passes to the survivor with no Probate. Similarly, insurance is a contract that pays a death benefit to the designated beneficiary. You should meet with a Probate attorney in your area to discuss these issues in detail and see if filing a Probate is appropriate in your case.
Definitely contact a probate attorney in person immediately, before your step mother makes off with assets that she is not entitled to.
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