Legal Question in Wills and Trusts in California
possible fiduciary abuse
where or how do i find out if my parents left a will? father passed in 2006 and mom passed in 2007. there are 5 surviving children. i have asked my siblings if they knew if there was a will, most of the time they avoid the subject completely. in the past when my father became ill one of my siblings decided that it was in my parents best interest that she handle their finances. even to the point where she got my parents to give her full P.O.A over them. she also appointed herself as caretaker of both. im not sure how any of that works out. i am the only child that has lived with parents and cared for them during their later years. it is strange that my sister had at one time placed my mom in a convalesent facility. during which time my siblings tried everything possible to remove me from parents property. this came in the wake of my questioning some possible mishandling of my parents finances by my sister. there have been many suspicious things that have happened all along. i at this point just want to know what is going to happen now. when my father passed my mother had asked me what happened to dads life insurance etc. wouldnt everything my dad had been passed to my mom? i am at wits end with all these questions unanswered
2 Answers from Attorneys
Re: possible fiduciary abuse
if your parents left assets, open probate. you don't need a will. under the laws of intestate succession, you'll receive 20% of their estate--if all your siblings are alive.
Re: possible fiduciary abuse
You should check at the probate court in the county in which your parents resided and see if their estate has been probated. If so, pull the file and review the file. That's the starting point. If not, check the real property records and see if the house was in a trust. If so, make a formal demand of the Trustee for an accounting. If it is not forthcoming to your satisfaction, you can sue the trustee to force an accounting.
If assets are still in the name of your parents or either of them, you can begin probate yourself. This will give you the power to find their assets, determine if there was a will, and go from there toward the proper distribution of their assets.
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