Legal Question in Wills and Trusts in California

Re: Dad in his right mind?

I agree with the responses previously submitted. If you need assistance and the county in which your mother and stepfather lived is in the San Francisco bay area, please feel free to contact my office.

Re: Dad in his right mind?

You need to file appropriate documents in the probate. Are there assets sufficient to warrant?

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

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Re: Dad in his right mind?

A hand written will may be valid, but must go through the probate process. I am assuming that your mother did not have a will. If not, your step father was most likely entitled to receive one-half of your mother's separate property at the time of her death, and all of their community property.

If the step-dads will is deemed to be invalid, then whatever he owned or was entitled to, including what had been your mothers, would be distributed to his heirs, not your mothers.

Re: Dad in his right mind?

There are several different approaches to the issue. As Atty Koenan stated, much of this depends on how your mother left her affairs at the time of her passing.

Did she have a will? Family trust?

If she did not possess a will, then it is possible that much of her property went to your step-father.

Another issue: Were you just called step-children or were you legally adopted? This makes a difference.

As attorney Selik stated, a Probate may be necessary, but no determination can be made without some additional facts.

Please feel free to take a moment to learn about the Probate process on our firm's web-site www.No-Probate.com.

I can be reached directly through the site or at my office at 626-578-0708 extension 4.

Good luck.

Happy New Year,

Scott Linden