Legal Question in Wills and Trusts in California

probate

Mother died, has $219,000 on the bank . Father hired probate lawyer. Father doesn't want to share the cash to me or my sister. As a son, what is my right, will I get the money? What is my right? Mom didn't have Will. Is that true government will take 40% of the cash when using probate lawyer?


Asked on 2/21/08, 4:23 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: probate

If there is no will and the bank account was not a joint account with your father, the funds will be distributed by intestacy. That means 1/3 belongs to your father and 2/3 to you and your sister. The probate lawywer gets paid a small percentage of the value of the estate. Nothing like 40%. Without looking up the fee schedule, its more like 4 or 5%. While you have rights, you have to be prepared to protect them, meaning you and your sister may have to hire a lawyer.

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Answered on 2/21/08, 5:50 pm


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