Legal Question in Wills and Trusts in California
My parents never made a will, they have real estate property worth at least a million and vintage cars and valuable items in the home. My Mother passed in 2008 of cancer and her husband(not my biological father, but the only father figure I have ever known.) hasn't paid property taxes and hasn't filed personal taxes since she passed. (she did all that) He is getting elderly and cranky and is a very very stubborn man, and he won't let me help him get organized and "take care" business with or for him. Could you tell me what I will be facing when the "time comes." I have absolutely NO IDEA what I am to do.....now or later. HELP ANYONE...
Thank you.
2 Answers from Attorneys
You are certainly facing some big problems. I suggest you contact a probate attorney to discuss in person. This is a case where a conservatorship of the estate might be appropriate or some other procedure where someone can handle some of the money issues now.
As for not having a will, if nothing is done, the estate will certainly have to go through probate.
Good luck!
In addition to the above, you may face being disinherited if your father does not have a will or trust. You or your dad should find an estate planning attorney to get these financial issues in order. Your father should also have a durable power of attorney for finances and an advanced health care directive for medical issues.
In short, your father needs legal assistance.
Good luck.
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