Legal Question in Wills and Trusts in California
my mother had only a will
My mother just passed away and we are all ready having problems with her boyfriend. She was with him for the last 25 years. They ran a business together for many years. I know that she had his name on the business as owner, and on the land she had it as joint tenents. which I've been told means that he gets to keep the land.Even though in my mothers will it says that any interest in property is to be split between my sister and I Is this true? They also had an account that had both of their names on it that she saved money into. On that either one of them could withdrawal out of it. Are me and my sister intitled to half of that or does he get everything? Also my mother had an account that was in trust for my sister and I do we need to wait till the six months for probate to go through or can we just take a copy of the death cert. to the bank ?
2 Answers from Attorneys
Re: my mother had only a will
The real answer is that you need to see an attorney to give you correct and well thought out answers after reviewing all of the information available. But based upon what you have written, it does appear that the real property held in joint tenancy transfers to the boyfriend even though the will says otherwise. You have not provided enough information to answer the questions concerning the bank accounts though it is possible that the second bank account mentioned by you can be distributed to both of you immediately.
Again, the best course of action is for you to retain an attorney to assist you. I reside in Almaden Valley and have my offices in downtown San Jose. If you desire to discuss this further, please call me at (408) 268-2580.
Sincerely,
Kai H. Wessels, Esq.
Re: my mother had only a will
Viewing your sister has the real problems. Your mother didn't make it clear, at least in your eyes as to what she wanted to do with her assets at the time of her death. Or, maybe she did. I need more information as to the accounts and the manner in which they were held. Similar to the real property in joint tenancy or in another form. More likely than not the property does go to her boyfriend. You would have to file a lawsuit to show that she did not understand the meaning of joint tenancy at the time she made it. The joint tenancy title takes precedence over a will. But, if the Will was made afterwords there may, very slight may, be an argument that she intended that the property be part of the state which goes to you in your sister. The problem is she never changed title to the property which she could have easily done. She ever seen attorney. If she did this is the way she wanted to go unless there was undue influence, fraud, or things were not explained her properly by the attorney. So many questions, so many alternatives. You're not totally out of luck but, you must follow my advice. That is get yourself attorney and stop writing questions on the Web. You need help immediately in you're wasting your own time and potentially your own rights and assets if those are taken by the boyfriend were you have a right to any quarter portion of them.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
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