Los Angeles, CA asked in Personal Injury, Appeals / Appellate Law and Probate for California

Q: My mother died 2 weeks ago and she won a lawsuit but attorney said she had no pwer of attorney

My mother had 8 children we are all adults and she didnt her will my mother didnt know how to read or write and our father passed away in 2001 but her attorney told us without a power of a attorney nothing can b done he said it stays with them the attorney.what can i do

6 Lawyer Answers

A: Sorry for your loss. Not sure exactly what your question relates to. If her lawsuit was complete, then the award belongs to your mother's estate. If there is no will or trust, it goes to her heirs. As an heir, you are entitled to file for probate, if it makes sense to do so.

William John Light agrees with this answer

A: I'm sorry for your loss. You really should sit down with an attorney in your area and go over everything you have. It's very hard to fully understand your question so we can't really answer it directly.. good luck to you

William John Light agrees with this answer

A: Not sure what the question is. If she "won" a lawsuit, the proceeds would belong to whoever she designated in her will. If she didn't have a will, it would go to her husband, children, parents or sibilings. Consult with a Probate Attorney to discover your rights.

1 user found this answer helpful

A: You may need to open an estate to have authority to represent your mother in order for the attorney to discuss the settlement with you. If you need an assist give me a call.

The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation, or create any Attorney-Client relationship. For specific advice, please consult an attorney in person.

A: her heirs would be entitled to money.

if there is will that controls ..........

if nothing it will divided according to california law through probate.............

get a probate lawyer

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your mother had a will, You need to start a probate action of your mother's estate and ask for the proceeds to be included in the probate. If your mother had no will, then you have to ask the court to appoint a representative of the estate and that person will ask the proceeds from the lawyers. Talk to a wills lawyer near you. Best of luck.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.