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vanessa116 · Apr 30, 2008, 08:44 AM

Hello: I have a question about California inheritance law. While my brother and I were both minors, my father (a widower) married a woman with two children. My father told me in his wife's presence that upon the death of both of them, the estate was to be split equally among the four children. When he died 12 years ago, the estate went entirely to my stepmother and I suspect that she has not made provisions for my brother and me to inherit. She has received substantial assets from her family over the years (which of course are hers alone) and I believe that she has passed these along to her children while depleting the assets in the "shared" estate. I am preparing to investigate what provisions have been made (or not made) and would like to know if my brother and I have any recourse if she has not prepared a will as my father wished and/or she has depleted the "shared" assets while giving substantial gifts to her children. Of course, my father was the primary wage earner; he also supported her children when her ex-husband neglected to pay child support. Any hope for my brother and me here?

GV70 · Apr 30, 2008, 01:14 PM

In my view you have a case but the best answer here is-CONSULT AN ATTORNEY.

lawanwadee · Apr 30, 2008, 01:26 PM

Were they legally married?
Did they have prenuptial agreements made prior to the marriage?
Did your father have a will?

Without prenuptial agreements, everything in joint names goes to her. California is a community property state.

Consult an attorney ASAP.

Fr_Chuck · Apr 30, 2008, 01:41 PM

It will be up to what was in your dads will, his comments ( unwritten) is merely what he would like to happen but are not binding legallly.
So in his written will, what was the terms of it.

cdad · Apr 30, 2008, 07:10 PM

By rights if he left a will behind he can't give to her and give to you the same property. The only way that can be done is by trust. If everything went to her and she hasn't made instructions of a different nature the line of succession may be in your favor but you can't tell her how to spend her money because it does belong to her.

JudyKayTee · May 1, 2008, 05:12 AM

Originally Posted by Fr_Chuck

It will be up to what was in your dads will, his comments ( unwritten) is merley what he would like to happen but are not binding legallly.
So in his written will, what was the terms of it.

Absolutely correct - even with a trust, depending on the wording, your stepmother could "spend down" the estate.

The Will prevails here, not spoken promises.

Unfortunately family dynamics following a death very often influence these situations. My concern would be (and only you know the answer) that any type of "inquiry" as to what is going on could definitely further remove you from inheriting.

vanessa116 · May 1, 2008, 05:59 AM

Hi: I realize that this is a complicated and possibly no-win situation, but I do need to pursue it because my brother is living on government disability in a rented room (no assets) and I['m afraid if his health deteriorates further he will be forced into a state-funded nursing home. So if my father's estate has been depleted or we are not set to inherit, I need to look at other options for my brother's continuing care (i.e. liquidating my own limited assets or begging our one living relative for assistance). It's kind of dire. Thanks.

JudyKayTee · May 1, 2008, 06:25 AM

Originally Posted by vanessa116

Hi: I realize that this is a complicated and possibly no-win situation, but I do need to pursue it because my brother is living on government disability in a rented room (no assets) and I['m afraid if his health deteriorates further he will be forced into a state-funded nursing home. So if my father's estate has been depleted or we are not set to inherit, I need to look at other options for my brother's continuing care (i.e. liquidating my own limited assets or begging our one living relative for assistance). It's kind of dire. Thanks.

Is it possible for you to approach your stepmother with the information, just as you have given it, and ask her how to proceed, what you should do? Presumably she cares for your brother and will be open and honest.

You are not demanding "your share" (which often happens) or trying to upset a Will or make her life miserable.

Maybe, just maybe, she would be open to a non-accusatory discussion? You certainly present yourself very clearly and fairly here, she has history with you, maybe she will be helpful - ?

(Sorry about your brother - sounds like a heartache for you.)

ScottGem · May 1, 2008, 06:36 AM

You really have not given us enough info to advise you. The key question here is did your dad leave a will when he died. If so, what was in that will.

If he did not leave a will, then his estate should not have gone solely to the wife. CA law states that it has to be divided between spouse and children. Unless all your father's assets were held with his wife as joint tenants with right of survivorship, then you were entitled to a share Of the estate.

However, since he died 12 years ago, it may be too late. Try what Judy said and have a non accusatory talk with your step mom. But if you donm't get satisfaction consult an attorney.

vanessa116 · May 1, 2008, 09:07 AM

Hi -- thanks, folks. My tendency is to try to dig up my dad's will (if there is one and if I can access it without asking stepmom) and consult an attorney before I talk to stepmom. Just so that I know where I stand, not to threaten her. Also will try to find out about assets my dad inherited before he remarried, if there's any chance of reclaiming those (pretty minimal but I'm grasping at straws here anyway, most likely).

JudyKayTee · May 1, 2008, 09:55 AM

Originally Posted by vanessa116

hi -- thanks, folks. My tendency is to try to dig up my dad's will (if there is one and if I can access it without asking stepmom) and consult an attorney before I talk to stepmom. Just so that I know where I stand, not to threaten her. Also will try to find out about assets my dad inherited before he remarried, if there's any chance of reclaiming those (pretty minimal but I'm grasping at straws here anyway, most likely).

I don't understand what you mean about assets your Dad inherited before he remarried. Those assets became his assets so it's all one issue, not two.

Have you checked with your local probate court? You could save yourself the cost of Attorney.