Legal Question in Wills and Trusts in California
My mother passed away 1 years ago from cancer and she left her us with two insurance policies. One for $500,000 and the other with $250,000. I have 5 other siblings, 6 of us total, 2 are under the age of 18. My mother wrote a will and told our father that he could keep the $250,000 policy at to himself, but to make sure he distributed the $500,000 policy amongst the 6 of us. As of today 12/8/10, my father has not given any of us, his children, any of the money my mother left us. He proceeds to buy a new car, fix up this older car, and spend it on a new girlfriend and who knows what else ( he also has a history of drug use). He locks away all access to the will and insurance policies.
The 2 younger ones also receive social security check for $1,200 each. My father shipped my younger brother to his sisters and she gets the $1,200 every month but does not save or give any of the money to my brother. My dad gets $1,200 for my younger sister and she does not see any of that money, not even for personal hygiene expenses.
Long story short, what do I have to do to get him to release the information and do you think I have a case if I were to sue him?
I have little money and struggle to pay my school tuition. I need legal help and do not know where to turn.
Please Help!!!!
Thank you for your time!
1 Answer from Attorneys
It sounds like your father has collected the insurance payments. This is probably because your mother named your father as the primary beneficiary on the policies. Therefore, no probate was necessary as your father probably collected on the policies just by proving your mother's death. If in fact your mother left a will giving you and your siblings money from the policies the old law was that this didn't matter because the life insurance money passed outside of probate. However, under modern California law a court MIGHT, if the life insurance money was given to you and your siblings in the will, say that basically your mother made a mistake and therefore the will should control. However, we are speculating on what the will says. A court will order your father to produce the will if you file an appropriate action and your father does not convince the court that there is no will.
Unfortunately, we are talking about "ifs" and "maybes" so I don't think it is likely that you will find an attorney to take your case without being paid a fee up front. But I can't speak for all attorneys in your area.
I have not answered your question about the social security checks because I don't practice in that area.
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