Legal Question in Wills and Trusts in California

My son's father passed in 2008. he left a will for my son to receive 25,000 dollars and they are angry with me and refuse to give my son his inheritance. my son is 19 years of age and this happened when he was 17. the family states that they will keep everything tied up until he is old and gray. my son is in college and i am trying to help him. these funds will help along the way. what is the law for him to receive his funds and is there a time limitation.

also the family was suppose to give me 10,000 dollars, as a debtor and they are refusing to pay me as well. it is extremely difficult for me. my son is asking for my assistance and yet all the attorneys have charged me more than 5,000.00 to help my son. that is entirely too much.


Asked on 8/09/10, 1:24 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You do not say who "they" are. I presume you mean his family and that he was no longer your husband, if he ever was. If the Will has not been probated then file your self to have it put in probate. The court will appoint some one to be in charge of the assets of the estate and to distribute them as required by the Will. You should file a claim for the amount owed you, including interest.All of that is relatively simple to do and you do not need an attorney to do it. If the attorney you used did not do that, ask him why, as you might have a malpractice suit against him or at least a basis to ask for a refund of some of your money. You should read some books about probate; Nolo Press has several good ones written for a non-attorney audience.

Are there additional facts that make this matter much more complicated than you have said? If you need additional information, you can cal me at 510-441-2684 and I will discuss the matter with you for about 15 minutes without any charge.

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Answered on 8/14/10, 3:49 pm


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