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
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

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

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

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

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

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

Fred Lee Valentine Jr
Fred Lee Valentine Jr
Answered
  • Criminal Law Lawyer
  • Ontario, CA
  • Licensed in California

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.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

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
Manuel Alzamora Juarez
PREMIUM
Answered
  • Berkeley, CA
  • Licensed in California

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

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