Legal Question in Wills and Trusts in California

How To Proceed with Probate, Will and Trust With Loss of a Loved One
My mother's husband recently committed arson to his own home and then committed suicide. We were able to retrieve a will that leaves my mother as executor of the estate, however, have since discovered that a close friend of my step-father's had their name placed in trust on bank accounts (of which my mother's name was not on).

We are pretty sure the insurance will not cover the loss of the home, as well as the life insurance, since the death was a suicide. However, we believe that she will be entitled to half of his pension.

The attorney she contacted instructed her to call back when the insurance company made their final decision on the estate, however, she was pretty reliant on his large cash assets to support her and doesn't know what to do and is concerned that she will be left with a burned home and no access to bank accounts.

Can you point us in the right direction?

Asked on 10/08/03, 5:47 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

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Re: How To Proceed with Probate, Will and Trust With Loss of a Loved One

normally i can give advice but in this case i have more questions than facts --- get another attorney or a 2d opinion --- you hve immediate problems and i am not sure if there are answers but i think there might be --- i have practiced estate planning and probate law for 30 years and am in the s.f. bay area if you wish to conact me 925-945-6000

Answered on 10/08/03, 6:15 pm

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