Legal Question in Wills and Trusts in California
My mother (who lived in Missouri) was willed a percentage of an inheritance from her cousin. She received the first 1/3 which she deposited in an account shared by her, my brother and me. My mom passed away before the remainder of the inheritance was issued. A check arrived a couple weeks after her passing. I called the law office who is in charge of the will and probate (located in California). They stated that I needed to send the check back and that we needed to prove that we are the legal heirs of the remainding funds. Originally we were told by my mom's sister that we had been set up as beneficiaries but the law firm stated they did not have record of that information. My mom and dad were still married but my mom did not want him to have access to any of the money and did not tell him how much she was receiving. This is why she deposited the first check in the account that did not have my dad listed. I need to know how my brother and I prove that we are the rightful heirs of the remainding funds. Thank you for any guidance you can provide.
2 Answers from Attorneys
The fact that you tell us that your mother lived in Missouri makes me reluctant to answer. You mention that the law firm was in California, but where is the probate matter being handled?
Unless the will or trust administered in California details what happens to the share of a beneficiary who survives the decedent but fails to live to the date of distribution (this is unlikely), your mother's share belong to her probate estate and passes under Missouri law.
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