Legal Question in Wills and Trusts in California
A friend of mine is looking for her deceased mother's will. Her family are not cooperating. Family disputes go back 17+ years.
Her mother died in Santa Cruz in 1993, she was flown back to hometown of Saint Louis for burial. She spoke with someone at a Missouri court, they don't have the will. I called the Santa Cruz Sup. Court, thinking maybe the courthouse might have a copy of the will, they do not.
She doesn't remember her mother's attorney who handled her affairs. Her mother promised her jewelry, china, photos. Her sister and father took the items. They took advantage of my friends disabilities, (mental and learning). She doesn't understand that there might be a statute of limitations preventing her from possibly attaining these possessions she wants back so badly. She doesn't know how to find an attorney that will take her case & a percentage. Very frustrating!
What should she do?
Any suggestions?
Thank you.
Shan
1 Answer from Attorneys
I am sorry, but she will not find an attorney who will take her case. Property is distributed by the Will and not promised made beforehand. If her mother's estate was large enough [likely $100,000 or more at that time], it should have been probated. It would be probated in the county she resided in when she died, so in California and not Missouri. Even if the Will exists, was probated, and she was left anything, her father and sister will say your friend gave them the items or abandoned them, or will just hid them and say they so not know where they are. Some of the items if not all would be community property and her father wold be entitled to half of the value [he would sell the items].
You can try to find an attorney who will take the case but it is a difficult one and if the items were recovered they would have to be sold to pay the attorney's fees. The best approach might be try to first find the Will and then work out some type of settlement with her family.
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