Legal Question in Wills and Trusts in California
father's death is emminent...stepmom says there's no will
My father is in the very late stages of cancer, and it is expected his death will occur in the next few weeks. According to my stepmother, he has no will. She says all their money went into the construction of their new home which they own outright. I don't know whose name the house is in. My father used funds from my grandfather's estate to help pay for the house. The funds were in my, my sister's and my father's name. My sister and I willingly signed the check over to him. I have a few questions...How can I find out if there really is a will or not? If there is no will, does my stepmother get everything? Since all my father's money is invested in his home, are my sister and I entitled to any portion of it, or did we give up our rights to it when we signed over the check? Lastly, there is allegedly a life insurance policy with my sister and me as the beneficiary. This was part of my father's divorce settlement from my mother. I want to make sure my sister and I do not get cheated out of that. What steps should I take? Thanks.
4 Answers from Attorneys
Re: father's death is emminent...stepmom says there's no will
You may be able to find out the name of the insurance company by reading the court file of your parents' divorce. Or your mother may know.
Re: father's death is emminent...stepmom says there's no will
You have a tough situation. We charge $175 an hour for these types of matters. I would start by obtaining a copy of the house deed (from a title company or the county recorder) to see how title is held on the house. If in joint tenancy with wife you are probably out of luck on that. If it does not say "joint tenants" or "in joint tenancy" you might have a chance to get part of the house through probate after death. Also, if Dad is still coherent have him change the deed and sign a new will... assuming he wants to give stuff to you. He might prefer to care for his wife!? Good luck. -JBP
Re: father's death is emminent...stepmom says there's no will
If the title to the house was in both your father's and your step-mother's name as either "joint tenants" (which automatically has right of survivorship) or "community property, with right of survivorship", then she will automatically receive title to the house ... no questions asked.
If it is your father's name only, then your step mother is entitled to 1/3 and you and your sister are entitled to the other 2/3.
If it is in both names as Community Property or tenants in common, then your step mother automatically owns the 1/2 that was in her name, and 1/3 of his half. You and your sister would be entitled to 2/3 of his half.
All of this is based on no will.
Regarding the life insurance, the insurance company can only pay that out according to who is the named beneficiary. Even if that has been changed, you may be able to contest that if it was changed to her, because there was a contractual arrangement (the divorce settlement).
Finally, if you will email the address of the property, I may be able to determine what the title is.
Re: father's death is emminent...stepmom says there's no will
If the home is community property, it would go 100% to your step-mother. However, if it can be shown that your father's and your inheritance from your grand father was put in the house, there may be a way to argue that you may have a right to some portion of the house.
For the Life insurance you only need to know the name of the insurance co., policy number, a death certificate to claim it.
If you would like us to handle the first part, please email me at [email protected].
Mina Sirkin, Esq.
Certified Specialist, Estate Planning, Probate and Trust Law, by the Board of Specialization of the State Bar of California
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