Legal Question in Wills and Trusts in California

Step Child Rights

My father died 40 years ago and my mother last year but she remarried 35 years ago. She had a will but my step father destroyed it. What are my rights?


Asked on 10/10/07, 3:39 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Step Child Rights

There are a lot more questions that will need to be answered to give you an appropriate answer. Starting with: What state was your Father in when he passed away? Your Mother? Where did they live when married? In what state doe your step-father reside? Was the will that your Mother had also with your father? Do you know where (or when, or by whom) the original will was drafted?

Please feel free to write me directly at the address and email listed by LawGuru, or through our firm's website at No-Probate.com.

Scott

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Answered on 10/10/07, 4:17 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Step Child Rights

Does anyone have a copy of he will? How do you know it was destroyed without your mom's knowledge and consent? This is all so fact dependent there is no good way to answer your question.

If there is no will, as the only child you inherit 1/2 of her estate. If there are more children, collectively you inherit 2/3. You should open a probate to get the power of the court to get an accounting for her assets, etc. The lawyer should be paid out of her estate.

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Answered on 10/10/07, 8:26 pm


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