Legal Question in Wills and Trusts in California

obtaining will money

my father passed away in 1997 when I was 7 years old and left me $5000. I am now 18 and am wondering how to obtain the money. I have asked my mother (who was not married to my father) this question, but she is keeping me in the dark. There is not much I know about my father, (I did not live with or see him) but I do have his death record.


Asked on 3/01/08, 11:00 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: obtaining will money

if your mother was the conservator of your estate, then there will be court records to support your claim. you might want to let it go, however, as a relationship with your mother is probably worth more than $5,000, especially since she probably paid for your support without help.

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Answered on 3/02/08, 10:47 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: obtaining will money

You have to check the court records in the county in which he resided when he died and pull the probate file. If there is no probate file, he may not have left you anything at all, or someone stole from you. In order to collect under a will, you will to go to court and apply for letters of administration. If he did not have a will, and he had assets not held in the name of a living trust, you were actually entitled to a percentage of his assets. If he had assets in trust, you can sue the Trustee for an accounting. Those are your options. If you do not protect your rights no one else will. Good luck.

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Answered on 3/02/08, 5:21 pm


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