Legal Question in Wills and Trusts in California
My stepmother cut me off from my inheritance
I am my father's only child and had been the sole beneficiary until I was twenty. He married in what he referred to as a ''business marriage'' 3 years ago. I lost my father this last june. I took a week off of school to console my stepmother and attend my father's services. I went with my stepmother to my father's workplace to get information about my inheritance. It was stated by the employee to my mother that ''She had seen too many children run off with the money and leave the mother behind'', so that is exactly what she did to me. She kept around $180,000 in cash and retirement stocks and didn't give me a single cent. She told me ''I was cut off''. I am a full time college student and employed part time and am afraid that I don't have enough money to finish my education as my father was soley putting me through college. Please give me some advice. Thank you.
3 Answers from Attorneys
Re: My stepmother cut me off from my inheritance
You may have a claim but any attorney advising you will need much more factual information. California law allows a person (such as your father) to leave his money to whoever he wants, even if his decision is unfair or stupid. That being said, however, you may be able to challenge the transfers if they were done fraudulently or through undue influence.
As soon as possible, you should consult with a probate litigation attorney located near your father's death. He or she will want information about your father's estate plans, assets and his mental condition near the end of his life (as well as this 'business' marriage).
If we can be of assistance, feel free to drop a note or give us a call at 310.787.7577
Re: My stepmother cut me off from my inheritance
You need to find out if there was a will and/or trust. Your stepmother may not legally have a right to all the things she is claiming. You need to see if a probate has started and, if not, start a probate proceeding. I would recommend speaking to a Probate attorney on these matters.
If I can be of assistance, please feel free to contanct my office.
Re: My stepmother cut me off from my inheritance
You need to find out whether a probate has been opened. This is a court filing. As a relative you would have been given written notice.
You also should get an idea of the value of your father's assets.
Sounds like you need to find out what your father's will says and whether he had a trust and whose money was it that your stepmother took ($180,000).
I would be happy to discuss your options.
J. Caleb Donner
DONNER & DONNER
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Thousand Oaks, CA 91360
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