Legal Question in Wills and Trusts in California

Re: will

I am sorry for the loss of your mother.

You should open a probate as soon as possible and demand the filing of the original will. You should also demand an accounting and possibly sue for breach of fiduciary duty.

If you would like a free initial consultation, please call or e-mail me with contact information. I have over 25 years experience in probate administration.

Good luck and thank you for your inquiry.

Re: will

I am sorry for your loss. Reading between the lines it also sounds like you have lost your son to some extent. Probate can be filed at any time after the person dies. You are going to need an attorney since it appears you can not have a good conversation with him as to the estate. He would have had power over a trust, etc., but not an estate as that does not apply until the person dies. Your mother's home probably qualified under the Federal exclusion from tax of the first $250,000 in profit. Ask him to let you see the insurance papers to see who was the named beneficiary, find out as much as you can as to what were her assets and wishes, who got what, what the other relatives know and if they would be interested in joining in a law suit if one seems economically and emotionally justified [so you can reduce the fees]

Re: will

It's not too late. Your son was in a position of trust and confidence. A fiduciary. It seems to me you suspect that he has misappropriated funds. If you do suspect that you can sue him for an accounting and follow the funds. In the suit you can determine if there was a will, a trust, what? Certainly $350,000 is a lot of cash to be in the singular control of a person and that person can and should account for his handling of the funds.