Legal Question in Wills and Trusts in California
My mother passed away 1 years ago from cancer and she left her us with two insurance policies. One for $500,000 and the other with $250,000. I have 5 other siblings, 6 of us total, 2 are under the age of 18. My mother wrote a will and told our father that he could keep the $250,000 policy at to himself, but to make sure he distributed the $500,000 policy amongst the 6 of us. As of today 12/8/10, my father has not given any of us, his children, any of the money my mother left us. He proceeds to buy a new car, fix up this older car, and spend it on a new girlfriend and who knows what else ( he also has a history of drug use). He locks away all access to the will and insurance policies.
The 2 younger ones also receive social security check for $1,200 each. My father shipped my younger brother to his sisters and she gets the $1,200 every month but does not save or give any of the money to my brother. My dad gets $1,200 for my younger sister and she does not see any of that money, not even for personal hygiene expenses.
Long story short, what do I have to do to get him to release the information and do you think I have a case if I were to sue him?
I have little money and struggle to pay my school tuition. I need legal help and do not know where to turn.
Please Help!!!!
Thank you for your time, Evonne
2 Answers from Attorneys
The insurance policies pass by the terms of the policies and not the Will; the insurance companies would normally be careful to give the money only to the named beneficiaries. If you know the name of the companies try to find out from them who received the money. As to the Will, tell your father there will not be any peace in the family until they children see the actual Will ad if he will not produce it then thier only choice is to file for probate stating he has the Will and the Court will force im to produce it. You can do that without an attorney--look at the Nolo Press books.
Without giving your name, chedkwith Soc. Seurity as to their exact policy as to the younger children's situation and what you can do about it without harming them.
Good luck.
It sounds like you are going to have to file an action against him in probate court. Most counties have a probate faclitator similar to the family law facilitator (sometimes one and the same office). As Mr. Shers suggests, the Nolo.com online book store is a good place to start, then go down to see the facilitator. I also want to add one further note on life insurance in general. It sounds like your mother's policies named her estate the beneficiary. That is not unusual, though not always a good idea. Mr. Shers would not be correct in that case about the money not passing in accordance with the will. If a life insurance policy or annuity is payable on death to the estate, it gets distributed by will or intestate succession.
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