Legal Question in Wills and Trusts in California
My husband, who is disabled, recently died in california. I am also disabled. We have been separated, but never divorced. He had an accident that made him paralyzed, and a traumatic brain injury that made him a very angry and heartbreaking person to be around. I never had the heart to divorce. I always held out hope that he would one day, be humbled by life, and treat people better. Anyway, he also has 2 grown children, and grandchildren, not from me. His sister had been handling his bills, etc. I was not informed of his death, only learned after the fact. (died, march 17th). His sister told the funeral director that he was divorced, and had no children. She then proceeded to clean out his bank account,, and sell off his possessions. His other sister says there is no will, and another account, with no beneficiary named. I would like to know what rights, his children and I have. Is there anything I can do? I am in Alaska, fighting a nasty custody battle for my own 5 year old granddaughter. Funeral director says the death certificate needs to be corrected, bank says they need death certificate, to check for beneficiary. I would have like to been consulted, given a chance to see him before he passed, have a chance at getting things I left him for his comfort, and have his children and grandchildren mentioned in his obituary, and given a chance to have something to remember him by. I should have some rights, but am not sure how to handle this. Please advise
1 Answer from Attorneys
You would certainly have rights as to any community property that existed from the marriage. Your husband's children would certainly have rights as to your husband's share of the property and his separate property. Without knowing more about the assets and your financial history with your husband, it is impossible to say with any precision.
You and your husband's children would likely need to consult an attorney in California to see what action needs to be taken against the sister who took the funds and assets. It is likely the proper procedure would be a demand letter for return and re-distribution, and an action in court if the sister does not comply.
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