Legal Question in Wills and Trusts in California

Hello. Please forgive me if this query doesn't really belong in "estate law." So here's the (relatively, no pun intended) brief story. I am a 37 y/o man with a wife and son. I have one sister, age 39, also married and she has 2 kids. Our parents are both getting way on up there in years. Our family has had many problems for years. My mother and father separated 25 years ago and she (my mother) is now in the process of completing the divorce--a process that is dragging big time. Anyway I do not like or respect my mother or sister. They are very low characters, liars, mean spirited and just plain bad, nasty people. My father is a very good, solid man, however. My sister and I do not talk and my mother essentially disowned me so we do not speak either. When my parents pass on, I foresee a MASSIVE, messy time sorting out who gets what. As far as I know my folks do NOT have a will/trust. My sister, who is exceptionally greedy by nature will be looking at this as a cash grab oppo. My folks are fairly well off (not uber wealthy but decent, and they own a total of 8 properties, including a house that my mother still lives in, which is the house I grew up in. My sister also lives there with her family and believes she will just naturally own it once my mother is no longer here).

So much for brevity. Sorry about that. I don't want to omit any relevant details. Anyhow how should I pursue this when my parents pass? Obviously it can get complicated because one will die before the other and depending who that is can greatly affect the outcome of things. If my father goes 1st can my mother will everything to my sister?? She will do that if she can. Also is there any way my sister and I can sort this out w/out actually communicating with each other? If we speak to each other it will end up in a verbal war I believe. Will I have to hire a lawyer? My sister and I know VERY little about real estate too and where all my father's stocks/bonds are too. He doesn't talk much about that, so I'd like to avoid uncle sam getting his earnings. He worked his butt off and came from poverty and made a life for himself and for his children, so I am very protective over this.

I am sorry for the length of this. I would greatly appreciate any input. The law can be very obscure for us non lawyers. :)

Thank you,

James

2 Answers from Attorneys

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?