Legal Question in Wills and Trusts in California

StepMom taking Everything!! Dads prior assests

Hi There,

I am hoping you can help. My father passed away unepectedly from an aggressive cancer in 2003. He was married to my stepmom at the time and supposedly there was no will. We had a close relationship growing up, and she assured me that our relationship wouldn't change. She also told me that this is what my dad wanted...for her to get everything....but when she passed away I would get the entire estate(which as of now is worth at least 4 million). I am 35 and she is only 50 years old. I did not receive one penny after my father passed away, and I know this is not what he wanted. My stepmom was adament about not placing an obituary in the newspapers...I think there was a will and she didn't want an attorney to possibly see the notice. I have two questions, 1. can I contact some attorneys that specialize in wills and trusts..I think they might have drawn it up in Pasadena, Ca. and inquire if my dad was a client? Will they give me any info?

and 2. Can I go after assests my dad had prior to his marriage to her? I know that his current home was held jointly with my stepmom and I assume his stocks, 401k and Life Ins. had her as a beneficiary. But what about stuff from before the marriage, can I sue her for a portion?


Asked on 9/27/05, 4:31 pm

2 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: StepMom taking Everything!! Dads prior assests

This problem is certainly worth investigating. You can contact the attorneys but they may not give you information. You can check the title to his property via public record searches. If your step-mother won't cooperate, you can initiate a probate or file an action to force the successor trustee (if there is a trust) to account. See a probate attorney for more details.

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Answered on 9/27/05, 4:38 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: StepMom taking Everything!! Dads prior assests

first off, we empathize greatly with you having recently lost your father. you have our greatest condolences and warmest regards. As far as your legal situation goes, you appear to have VERY strong rights in receiving a GOOD portion of your father's estate, regardless of what your stepmother would "lead you to assume". whether your father died with or without a will, or if the estate was probated or passed to a trustee, it CLEARLY appears your stepmother is trying to mislead you of your rights..and that is NOT right!

you should DEFINITELY have a law firm do a FULL investigation on this matter with/for you so you can QUICKLY find out what exactly transpired or did not transpire with your father's estate once he passed away. If you do this, there is a VERY great chance you will receive a VERY significant portion of what is rightly owed to you from YOUR father's estate, especially the portion legally deemed to be his separate property. if you would like further assistance in this very important legal matter, please email us today.

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Answered on 9/27/05, 5:48 pm


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