Legal Question in Wills and Trusts in California
I previously asked the legality of a letter of my mothers before her suicide giving jewelry away. She had a regular will that had been made years prior. The police kept the suicide letter so NOONE HAS IT. I am going with her not being of sound mind and I want to get the jewelry back. This was 30 years ago, but since I just recently became sober I thought maybe this wasn't legal. I realized I was really screwed by my family and I have asked for it but want to know if I have a legal right since noone can prove it and her legal filed will that I do have a copy of had no mention of this disbursement. Also if it was mentioned specifically in my father's will which I DO NOT have a copy of yet, could I go by my father's will? He died 5 months before her.
2 Answers from Attorneys
Your father's Will could only dispose of that part of the jewelry that was his, which probably was 50% via community property. He probably left all of his property to your mother/his wife. you would again have the problem of not having acted for thirty years. Your not being sober would have no effect as that would not be considered a mental defect. That no one has the suicide note does not matter in that either people saw it and could testify as to its existence and/or you did not object for 30 years.
After 30 years you would be hard pressed to bring any sort of action to recover the property.
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