Legal Question in Wills and Trusts in California

mom dies while father gets richer.

my mother pasted away a few months ago, well besides being my father my dad has also been my boss my whole life, its been and was a very dramatic life for my mother and my brother and I.HE HAS PROBLEMS AND IS VERY CONTROLLING AND A POWER TRIPPER,WELL, LETS JUST GET 2 THE POINT! HE HAS TAKIN EVERYTHING SHE WORKED HER WHOLE LIFE FOR, WHICH INCLUDE ALL HER ASSETS WHICH INCLUDE A LAKE & BEACH CONDO, HER HOME AND ALL ASSET SHE OWNED AND hER VERYSUCCESSFUL SALON & HER LIFE INSURANCE POLICIES(that i seen my name plus she has mentioned it numerous time) & didnt even give us a penny or any belonging of hers,my dads been wealthy for years & has power controlled us by being our boss and father not to mention mental & physical abusive all at the same time.so far hes ran me off & fired me while embarressing me in front of 50 of our company employees, while slandering my name & reputation around town so bad that it has effect


Asked on 1/16/05, 10:58 am

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: mom dies while father gets richer.

these questions cannot be answered completely or correctly without reviewing documents, such as a will, trust, life insurance policies, deeds and bank accounts, related to your mother's estate.

it is possible that all of her property was held as community property or in joint tenancy with your father. in that case he is legally entitled to all of it. if not, and there was a trust holding her property, the disposition at her death depends on the provisions of the trust. if not, and there was only a will, the disposition at her death depends upon the wording of the will. if not, and there was no trust or will, the disposition is by the California laws of intestacy.

if there is any property that was not in joint tenancy or community property with your father, and if there was no trust, you can file a petition for probate (of the will or her intestate estate) with the superior court.

if you believe that you are a named beneficiary of an insurance policy or policies on your mother's life and your father will not provide you with a copy of the policy, you should contact the life insurance company directly.

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Answered on 1/18/05, 12:30 pm


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