my father passed away on April 5, this year in ca. I live in Hawaii, I am his only daughter. My uncle has been handling his affairs since 1996. I was told by my dad's caretaker that he had a will and I was to get $140,000. I received a letter from my uncles lawyer, the envelope wasn't sealed and had no post mark.
The letter states that my dad signed his property and money over to my uncle.
Himself and another person witnessed this, and it isn't notarized. I didn't get a copy with this letter. What is the legal procedure for this type of witnessed letter? Do I have any rights at all?
3 Answers from Attorneys
I am sorry for your loss.
I would be dubious of this alleged transfer, especially since the uncle was handling your father's affairs since 1996. Many times these types of transfers are due to financial elder abuse which is crime in California.
You should hire an attorney, preferably on a contingency basis, to look into whether a contest of the will is appropriate.
Under the facts you have provided you should be entitled to a copy of the Will. You should consult with an attorney in here in California at the very least to obtain information on what your rights are.
And the lawyer you obtain, should specialize in probate litigation, to give you leverage in this highly unusual matter.
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