San Diego, CA asked in Probate for California

Q: my dad had no will , no wife am i entitled to his 2,3 million dollar estate?

my parents were divorced but friends they own two houses on the same lot she lived in the front house he in the back she was power of attorney before he died and now she is telling myself, brother and sister she is beneficiary to all his bank accounts and stocks, and cashed all the stocks in and says we get nothing is this true?

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2 Lawyer Answers
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: You need a lawyer. If your father designated his ex-wife as the beneficiary of the financial accounts after they were divorced, then she may be entitled to the funds so long as she did not unduly influence him. If he made the beneficiary designation before they were divorced, then the divorce terminates the beneficiary designation. The power of attorney terminates at his passing. You should give the death certificate to all banks and financial institutions so that they will freeze the accounts.

Bill Sweeney agrees with this answer

Genene N. Dunn
Genene N. Dunn
PREMIUM
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: Your dad could have put her as a beneficiary on accounts. It depends on when he would have done that to determine if that would be a valid designation. However, for the real property you probably have more rights if there were no will or trust and only he was on title.

Bill Sweeney agrees with this answer

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