Legal Question in Wills and Trusts in California

mom dies while father gets richer.

my mother pasted away a few months ago, well besides being my father my dad has also been my boss my whole life, its been and was a very dramatic life for my mother and my brother and I.HE HAS PROBLEMS AND IS VERY CONTROLLING AND A POWER TRIPPER,WELL, LETS JUST GET 2 THE POINT! HE HAS TAKIN EVERYTHING SHE WORKED HER WHOLE LIFE FOR, WHICH INCLUDE ALL HER ASSETS WHICH INCLUDE A LAKE & BEACH CONDO, HER HOME AND ALL ASSET SHE OWNED AND hER VERYSUCCESSFUL SALON & HER LIFE INSURANCE POLICIES(that i seen my name plus she has mentioned it numerous time) & didnt even give us a penny or any belonging of hers,my dads been wealthy for years & has power controlled us by being our boss and father not to mention mental & physical abusive all at the same time.so far hes ran me off & fired me while embarressing me in front of 50 of our company employees, while slandering my name & reputation around town so bad that it has effected my career and future and self-esteem, not alone the mental stress and drama he has put on me. he also got me denied un-empoyment also

didnt pay me my last check & refused.he also threatened 2 sale my home that he only co-signed. i feel he has mentally scarred me 4 life,please help!


Asked on 1/16/05, 10:58 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: mom dies while father gets richer.

I'm sorry to hear about your mother. Unless she owned separate property (assets she entered the marriage with, or received by gift or inheritance), the surviving spouse is entitled to the passing spouse's community property. If your mother left a will or a trust (or both) leaving her share of the community property to someone other than your father, then probate should be opened and/or the trustee of the trust contacted to provide the required notices to the beneficiaries, including the right to a copy of the trust. I'd have to know more, but if the assets were held jointly or as community property, and there was no estate planning, you are not likely entitled to any of your mother's assets.

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Answered on 1/16/05, 8:38 pm
Michael Olden Law Offices of Michael A. Olden

Re: mom dies while father gets richer.

Yours is one of the first angry, angry, angry messages that I have ever read. This is not your stepfather butcher actual natural father. That was his personality. And I'd take it from the nature of your question that you are well over the age of 22 possibly 230 years old. They shared a life together and in California built community property. You bet your you know what you didn't get anything because your father inherits the community property of your mother and rightly deserves so. I think rather than ask questions of lawyers you would be better off spending your money on a psychiatrist or psychologist to help you deal with your anger problems. Because you haven't told us, or at least to me, anything that gives you any right to any interest in the community property of your mother and father to ensure father inherited and is still living after your mother passed away. My sympathies to you by your mother's death and more importantly my sympathies to you on your anger. By the way, why are you in the family business if you hate him. Go out on your own, make a success of yourself and show him how independent and successful you could be.

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Answered on 1/16/05, 11:55 am


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