Legal Question in Wills and Trusts in California

You need to consult with a local attorney. All the facts will need to be explored. Many attorneys will meet with you for a free consultation.

One should never go to court seeking justice, as normally you will never get anything but an acceptable compromise. Even if you are awarded your full damages and can collect them, you have to pay attorney fees and many of the costs involved, so the amount you gross will be no more than 60-70% of what you might deserve. Sometimes, if the attorney is on an hourly basis and the case can be handled relatively quickly and efficiently, your recovery can be much higher. You do have a chance in your circumstances to achieve that.

There are many additional facts an attorney needs to know to decide if you might have a successful case. Without knowing how much time has passed, so whether a statute of limitations or waiver argument exists, the following may exist:

1) a fraudulent transfer of assets by your father preventing your mother from getting her community property interest in the assets [50% of the assets amassed during their marriage];

2) failure properly to divide assets when the divorce occurred;

3) if any child support ordered, was it based upon his actual and not just stated income and was any paid [still liable for back child support even when father dies];

4) spousal support ordered and paid;

5) imposition of a trust relationship as to assets transferred so that they come back into your father's estate;

6) there are no 'types'of holographic Wills; it must be entirely in his handwriting with nothing on the page from anyone else or any printing or it is not valid;

7) any interested party, which includes potential heirs, is entitled to start the probate process and nominate someone as the possible executor of the estate.

8) if there is no Will or Trust and your mother has already died, then her estate might also have to be probated but then pass to all her children equally if she had no Will or Trust, or the assets from your father might pass equally to all his children [are there any children from another mother?]

9) Once an attorney has the additional facts needed, they will undoubtedly spot other issues.

So you might have a case that could bring in a substantial sum, tax free, to each child, but all of you need to get together to have a common plan in which there are safeguards that none are treated unfairly [you might have to use separate attorneys] and interview attorneys to see how good of a case you have and how good of an attorney that person is.

Good luck. If you need any clarification of my responses, give me a call at 510-441-2684, there will be no charge.

not proof read

good answer George.