Legal Question in Wills and Trusts in California

Finding my mother's assets

My mother died recently. She was

living with her boyfriend for 30

years. They were not married. They

owned businesses together and had

accounts together. He has made it

clear that all monies they had

together are his now. Is this true?

As her child do I not have the right

to know what her assets were? How

do I take action?


Asked on 10/29/07, 8:22 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Finding my mother's assets

Unless they were married or she left him something in a will, he gets 0. But he won't deal seriously with you until you get a lawyer.

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Answered on 10/29/07, 8:34 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Finding my mother's assets

I don't know if its true. If she had a living trust and it directed that all of the assets in the trust were to go to her husband, it might be true. But, it would only affect assets in the name of the trust. If she had a will, she might have left everything she had to him, but a will does nothing unless it is proved to be valid in probate and a personal representative of the estate is appointed to distribute according to the will. If she owned assets jointly with the rights of survivorship with her husband, those will pass to him without a probate. All of that being said, you can and should protect your rights by filing a probate of your mother's estate seeking letters of administration be issued in your name as the personal representative of the estate. You should hire a probate lawyer for that purpose. The legal fees will be dependent upon the size of your mom's estate and be paid from your mom's estate.

Yes you have rights. But, no one will protect those rights if you don't.

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Answered on 10/29/07, 8:40 pm


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