Legal Question in Wills and Trusts in California
Upon my moms death my sister started calling the lifeinsurance companies i found out about 3. My moms credit union and pension funds.i need an attorney. no will my mom promised me the car and half of all in front of my girlfreind. My finances are low no money. how can i get and do i need money up front or a percentage of my part of estate. home value $350.000 plus owed principle $127.000.
2 Answers from Attorneys
You need to speak to a probate attorney.
Unfortunately, your mom's promise to you is not enforceable. Since your mother did not have a will, her estate will pass by the laws of intestacy. One exception to this rule is that the life insurance proceeds will go to the named beneficiaries of the policy. Another possible exception is that if the house was held in joint tenancy, then it will pass to the surviving joint tenant on the deed.
The attorney may be willing to wait for payment of fees until the distribution of your share of your estate. You will need to discuss that with the attorney, however.
Best of luck to you.
I agree with Mr. Perry.
You need to hire a probate attorney who practices in your area. If you cannot find one online, you can call your county bar association for a referral.
Good luck.