Legal Question in Wills and Trusts in California
my mother in law passed away shortly after my father and everything seems to have gone to my step brother, her biological son
2 Answers from Attorneys
I am a little confused so I will apologize if I misunderstand the facts. It sounds like you are saying mother-in-law to refer to your father's wife (as opposed to your husband's mother). If your father did not have any formal will, but left his assets in joint tenancy then those assets would have gone to his wife and then after she passed away they would go however she directed by her will or through any joint tenancy that she had for the accounts. You have no legal right to inherit from your parents; however, you should meet with an attorney to review specific facts regarding your father's estate. If he had a will leaving property to you then you may be entitled to a portion of his wife's estate. Similarly if your mother and father had a trust and your mother has died, then it is possible that part of their trust became irrevocable and that you should have been a beneficiary.
Mr. Feldman gives excellent advice. You don't say when she died or he died and that may make a difference as to when you can file a claim. See an attorney today.