Legal Question in Wills and Trusts in California
left over assets after death
my motherinlaw just past away 5 days ago and 4 years ago my fatherinlaw past away there was a verbal agreement as to where all the assets go after she passed the house went into sisterin laws name along with my motherinlaw after my fatherinlaw passed including the checking account . my husband and i are concerned with the fact that there was no will made before they passed does that mean that she takes all the finances for herself or does she have to split it with my husband could you please advise us what his rights are doesnt she have to present to him whats left such as insurance policies ,trust funds, etc.
1 Answer from Attorneys
Re: left over assets after death
if any of her assets were in joint tenancy with your sisterinlaw, such assets passed to your sisterinlaw at death (whether or not there was a will), unless a petition is filed with the superior on the basis that at the time the joint tenancies were created she was incompetent, defrauded or unduly influenced by your sisterinlaw.
for any assets that are only in her name, without a will the law of intestacy will normally apply (without regard to any "verbal agreement") . see: PROBATE CODE SECTIONS 240 and 6400 et seq. at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
probate will be required if there is any real property in her name alone (or as a tenantincommon) or if the gross value of her other assets exceeded $100,000.
if it is possible that you could benefit from her estate, you should retain a qualified attorney in the county in which she died to advise you (and, if necessary file a petition for probate [which your sisterinlaw may or may not do].
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