Legal Question in Wills and Trusts in California

My mother recently died and left her half of the residence, autos, bank accounts and insurance policy to my brother and I. Since she is survived by my dad, does everything go to him first? Dad does not have a will. How do we keep Dad from doing something that my brother and I are in agreement is a "stupid" idea? (My dad is suffering from the early signs of dementia.)


Asked on 10/16/09, 3:23 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

My condolences on the recent loss of your mother. Unfortunately, there is not enough information to give a quick answer. You say she left you and your brother her 1/2 of the residence. Was this by will? By the terms of a trust? Or by the manner in which title is held? Have you been placed on title? As for protecting your Dad, he may need a conservatorship at some point if his dementia worsens. Your mother was free to leave her share of the community property to someone other than your Dad, but if she had a will and left him off of her will, that could raise legal issues. You should really meet with an attorney who can review all of the documentation with you.

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Answered on 10/16/09, 3:40 pm


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