Legal Question in Wills and Trusts in California

Probate question

Hi,

My father passed away last year. My X-step mother and he lived together. They were married, but divorced in the late 80s-early 90s. Then got back together, but never remarried. Neither my sister or I know of his accounts. My sister and I are the sole beneficiaries on his will. How easy would it be for my X-step mother to go to his bank with a death cert and obtain any account money that he might of had? How would probate work in this situation?


Asked on 1/21/08, 3:46 pm

2 Answers from Attorneys

Re: Probate question

The ease or difficulty of your x-step mother doing this will depend upon how your father held the bank accounts. For instance if your x-step mother was on the account as well as your father, it would be pretty easy for her. However, if only your father was on the account it SHOULD be difficult for her to do something improper.

Depending on the amount of assets your father had and the type of assets, i.e, real property (house), or just personal property, you should contact an attorney to discuss your options.

I would be happy to discuss this with you.

Caleb

Read more
Answered on 1/21/08, 3:51 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate question

You have to file for letters of administration under the will and get a court order to get control over his accounts. If he had any "joint accounts" with your X-step mother, the funds in there are hers.

A probate attorney will assist you with all of the details. The fees are statutory and based upon the size of your father's estate. The attorney will have to await a court order to get paid.

Get busy. No one will protect your and your sister's rights except you.

Read more
Answered on 1/21/08, 4:21 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California