Legal Question in Wills and Trusts in California

Mother passed away - No Will

Long story short, my mother passed away 2 years ago with no will. My brother and I were told by her work friends that she had our names as beneficiaries in her insurance, but the company won't give me information. They said they can only give information to her spouse.

A couple of months after she passed, our stepfather handed us a notice to leave our home. He claims she never left a will anywhere, but we suspect she did because we found will books in her room. He also started locking his closet and bedroom prior to us getting the boot. Very suspicious.

Fast forward to now, I'm curious if I had/have any options. It really is not fair that my mom's hard earned money and home all goes to a stepfather and nothing at all to her own children just because a will was not found.

Please help!

Asked on 4/11/09, 7:01 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers
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Re: Mother passed away - No Will

Unfortunately, life is not fair. Obviously you do not get along with your stepdad. If you live in a very small town with only a few attorneys who prepare Wills, try calling them up and saying that you do not know if there is a Will but your stepdad has acted as though there was none. They probably will not tell you who their cilents were but will act if something unusal is going on. Look up the county property records to see if there has been a change in ownership to the property and see how tha occurred. Check to see if they actually did marry. Speak to relatives to see if they know anything about a Will. See if a mutual relatively on good terms wtih your stepdad is willing to speak to him.

Good luck.

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Answered on 4/12/09, 3:14 pm

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