Legal Question in Wills and Trusts in California
New Wife Problems
My wife's mother died in 1988 after a 1 year fight with cancer during which time her father was having an affair with an employee, who just happened to be his notary. When my wife discovered the affair, she naturally went off on her father and they haven't spoken since. About 6 months after her mother's passing we learned that her father married his paramore and all of her mother's personal and real property was transferred to the new wife.
Resently, ( about 4 months ago), I discovered that documents her mother supposedly signed was notarized by this same new wife, apparently within 3 to 4 months of her death. The problem was at that time, (at least 8 months prior to her death), her mother was taking very large doses of morphin and was literally out of her mind in either pain or in a drugged stuper and since she was also, aware of the affair, her mother refused to have the mother near her at that time.
Now, I found out my wife's father is near death and this woman stands to steal everything legally.
Is there anything we can do to prevent this from happening.
3 Answers from Attorneys
Re: New Wife Problems
Am I correct that the marriage is now over ten years? Are you certain that your father-in-law does not have a will or an estate plan? The passing of your mother-in-law's property over ten years ago is stale (too late to pursue). There are many bases to contest a probate proceeding or instrument, it would take considerable research to render an opinion to determine which in road to use.
Re: New Wife Problems
It's too late to do anything about the mother's estate or the transfers she may have made before death as too much time as elapsed. As to the father, at his death questions may be raised but if he did everything he intended to do and was in sound mind, it may be difficult.
Re: New Wife Problems
Obviously something should have been done a long time ago. A contest of the father's will might be difficult, especially if the new wife is on title as a joint tenant.
I would suggest that you contact the California Secretary of State office and file a complaint against the notary. You should also request a copy of the grant deeds on any real property that are now on file. You can go to any title company and have them get them for you.
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