Legal Question in Wills and Trusts in California

Re: How do we have our step-fathers will read? How do we view it from our mother

What your mother has done is a legal no no. If you have a copy of the will basically my immediate advice is to take it to attorney who is experienced in estate planning/probate. That will then can be probated, even though it is a copy. Normally would do that with the original and file the original with court but in this circumstance you can explain it to the court. Specific bequests, ones that name specific people and give them specific assets such as money, jewelry, etc. take precedence over the remaining portion of the will. If there aren't enough assets in cash to satisfy the cash bequests, then the law says you sell assets to satisfy those bequests before the remaining bequests, called the residuary bequests, I been satisfied. You must of gold were all of the assets in the state with the attorney to know the consequences upon your mother and the assets which she has, and has left in her possession if you were to go through this procedure. Remember, this is your mother and while she might have done something which is aborant to you, she still is your mother. There may have been extenuating circumstances and you must consider those from a moral model legal point of view. At least, that is my sentiment and opinion, but not the law. Having practice for over 30 years I temper the law with what I consider commonsense in numbers of situations, especially where family is involved.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: How do we have our step-fathers will read? How do we view it from our mother

You should petition the court to have your step-father's estate probated. Whoever is named as executor in a will (or anyone having possession of a will of someone who has died) is required to file the will with the Superior Court in the county in which the deceased lived at the time of death.

If she failed to do so, you may be able to exclude her from acting as executor or administrator due to her actions or lack of action.

If she has spent the money, and it can be shown that there were adequate funds to carry out his wishes at the time, she would have liability to you.

Let me know if I can help.