Legal Question in Wills and Trusts in California
Step father wants it all
My husband's mother passed in Aug 2003. His step father has told my husband that he is not his blood and is not getting anything from his mother's estate which is in the ballpark of around 34 million. Since this probate battle has begun we have caught this man in lie after lie and we recently discovered that he never married my mother in law! All of the property is in joint tenancy including two dairies. My question is this, after my mother in law passed the step dad kicked us off land that was promised to my husband. Right before we went to court on this the step dad gifted the property to his daughter. After we moved she gave it back to him. He is, for now, the executor of the estate. Can he do this or would that be considered embezzlement?
5 Answers from Attorneys
Re: Step father wants it all
These questions cannot be answered completely and correctly without reviewing the court records and other relevant documents. You should be represented by an attorney in any proceedings in the probate court.
Re: Step father wants it all
Why are you asking this question on the NASDAQ and not of the attorneys representing your husband. I cannot believe that he is not represented by an attorney. He should not in any manner attempt any action against this man without an experienced estate planning/probate/litigation attorney. Having 30 years of experience myself I have run up of not against the numbers of individuals like this person. This will be a long hard row and there are some major problems. Do not be dejected. It is not called embezzlement but it is called transfer in fraud of creditors when he gives the assets to his daughter when they are in litigation. Just know there are remedies in deal with your attorneys.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Step father wants it all
It's difficult to say what you need to do without knowing more facts, but you do need an experienced probate litigation attorney--some deadlines may already have passed, and it's important to make a timely claim against your mother-in-law's estate if this hasn't been done. There may be some other avenues to pursue, but your lawyer would have to know more.
Re: Step father wants it all
From your very brief description, it appears that your husband's stepfather may have improperly transferred property out of probate without court approval. Obviously, your husband needs an experienced attorney to assist him. If I can be of assistance, my telephone number is (408) 268-2580.
Sincerely,
Kai H. Wessels, Esq.
Re: Step father wants it all
Having not been married, you have rights to personal property including cash, stocks, and bonds. There may also be ways to get to the "joint tenacy" property. There may have been fraud, undue influence, and incapacity issues. Call me directly at (619) 222-3504.
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