Legal Question in Wills and Trusts in California

Re: Time Limit for distributing assets???

I would need to see the terms of the will, however in general if your mother made specific bequests of her property to her children the executor of the will will need to carry this out. It is unclear from your question how specific her intentions were, or whether she simply left everything that was hers to your father.

You should strongly encourage your father to visit with an estate planning attorney as soon as possible. If he simply will not do this, you should consult with an attorney to protect your interests as a beneficiary.

Please feel free to call my office for further consultation.

Re: Time Limit for distributing assets???

From the information given in your question, it appears that you might have to have the assets go through the probate process, although there is a possibility that they may be able to be transferred some other way. You need to see a lawyer about this situation. Feel free to call me if you would like to discuss this.

Re: Time Limit for distributing assets???

Yep good advice already given... Get him to a lawyer. Call me directly at 16192223504. I practice in all major California Counties. 18 years experience.

Re: Time Limit for distributing assets???

I am sorry for your loss. It sounds as though your father just doesn't want to deal with the issues, which is understandable considering he just lost his wife.

However, based on your facts I suspect that your mother's estate will be required to be probated with the Court.

If your mother was on title to the real property, your father is not going to be able to transfer it without court intervention, i.e., probate. Same is likely to be the case for stocks, CD's unless they were held in a way that would avoid this problem.

You and/or your father really should sit down with an attorney to review the paperwork that your mother prepared before her death.

I would be happy to discuss this matter with you/your father in a low key, easy manner.

Caleb

Re: Time Limit for distributing assets???

There is no time limit per se under the terms of your mother's will, given the set of factual circumstances you describe, unless there is a stipulation therein. Your father may or may not be familiar with ALL of the benefits of setting up a private trust for all of you children, or how relatively easily it can be accomplished with the proper, affordable attorney. You may want to speak with him and have him consult with an attorney so he is moved to action and can totally protect these assets of your mother's in the BEST way possible for you children. If you/your father would like a free phone consultation, contact us directly today.