Legal Question in Wills and Trusts in California
Father & Step mother
My father is in an abusive marriage. When my mother died my parents were already divorced and my father promised my siblings and I that we would get the proceeds of one of his insurance policies and some of his personal assets. Recently he informed us that his wife requested that he change the beneficiary on his policy to her. My stepmother told us that when my father dies, we shouldn't bother to come for a funeral because she will have him buried so quickly there won't be time and she won't let us into the house to claim any of my father's assets. My stepmother says she won't let my father send things to us now. Do we as his children have any rights here? I am more interested in the assets that are momentos of our childhood. Does it have to be in my father's will for us to inherit? My father now lives in California, I live in NY.
2 Answers from Attorneys
Re: Father & Step mother
As long as your father has the capacity to execute a Will, he can dispose of his property as he chooses and the law gives you no right to prevent him from doing so. From your vantage point, his choice of a second wife was unfortunate, nonetheless he was well one who made it. It might be wise for you to have a blunt and honest discussion with him. Despite the provisions of his Will he can always give you momentosas gifts during his lifetime.
Re: Father & Step mother
While I agree with Norman's general comments, if it is accurate that your father is being subject to some adverse infludence by the new wife, perhaps you should intercede. Realizing that it is difficult due to the diversity of locations, you may want to contact some CA social agencies to see if they can assist you. Short of that, I can only repeat the suggestion that you have a frank discussion with your father, try to get personal property now, since he may write a Will leaving everything to her, and you will get nothing. You may try to have your father give you a Power of Attorney, so you can act in his place, which will allow you to change insurance beneficiaries and handle his other affairs.
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