Legal Question in Wills and Trusts in California
my mother's death/will
My mother died in 2004. She left 1 husband and 3 children. She was 88. Her husband, my stepfather, told me later in January that her estate would be left to him and the 3 children. We were not even notified of her funeral.
I have heard nothing since her death. My stepfather sold their house (500,000.cash) and moved in and is living with my daughter. He is 100% healthy and 88. I have not been offered any information or copies of wills, estates etc.
My stepfather has put my daughter in charge of his estate. The only thing that I was told is that everything did not go into Probate. Do I have a legal right to read my mom's will? And what she left to me? Or any rights to anything.
Thank you for your time, frustrated..............
1 Answer from Attorneys
Re: my mother's death/will
If your mother owned the home with your stepdad as joint tenants then probate was not likely opened.
If your Mom had a will, it should have been lodged with the court where she died. But many people don't do this.
If there is a surviving spouse, as is here, generally with joint tenancy assets it goes to that surviving spouse and no probate is opened.
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