Legal Question in Wills and Trusts in California

I am sorry to hear of your father's passing. I hope you are coping with the loss well.

Unfortunately, if your mother had a "living will", this document's purpose is to make medical decisions for her once she can no longer make them. If, however, you are referring to just a "will" then it would depend on what it says, although this should have been dealt with when she passed away.

Since your father was the second passing, (generally what occurs), when your mother passed away, then all of her estate passed to your father. Since he has now passed away, the question that immediately comes up is, "did he have a will or a trust?" If the answer is no, or the answer is that he had a will only, then you may need to start a Probate proceeding to administer his estate.

A few questions for you: (1) did your father and/or mother own a home? (2) did they have a retirement account? (3) are you the only child or do you have siblings? (4) did your father remarry after the passing of your mother? (5) most importantly...did your father have a will or trust?

If you can provide me with some additional information, I may be able to be of better assistance.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm?s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

First, my sincere condolences on your loss.

To Scott Linden's response, I would simply add that legal terms, such as living will, living trust, etc. can be confusing. A living will means one thing in some states and another in California. Often clients think they have a living will when they really have a living trust PLUS a pourover will. My best advice is to bring copies of your parents documents -- wills, and trusts, if any, to a trusts and estates lawyer for review. The best answers will come after the lawyer determines exactly what type of documents your parents created, among other things. This will allow the lawyer to answer your questions, explain the significance of what you have and best recommend how to proceed and cost. Let us know if we can help.