Legal Question in Wills and Trusts in California
My stepfather passed away leaving a "Will." I have not seen the "Will" but it is my understanding he left things to be divided equally amongst the children. My half sister went to California and took care of things immediately following his death. I have now learned she secure all his stocks, bonds,etc and transferred those items to her husbands account. She saids there is nothing to be distributed.
What can I do. I do not have a copy of the "Wll" or stock certificates, etc but would be able to secure copies of same.
Thank you,
MaryAnne Decker
1 Answer from Attorneys
If assets were transferred improperly, then you have serious claims for fraud, conversion and other claims if in fact there was a Will (or even under certain circumstances if your father died without a Will). It is going to take some investigation to determine how assets were transferred and I think you should consult with an attorney to put some pressure on your sister to account and to show documents under which she may have had authority to transfer the assets in question (for instance, a later Will or Trust or even a Power of Attorney). If you would like to discuss this further, please contact me.
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