Monrovia, CA asked in Probate for California

Q: On 4/9/2019 my mother passed away. In 2007 she generated a typed letter addressed to myself & my now deceased aunt.

In this document she gives specific instructions to use funds from her savings account to pay the house, she states that ALL of her jewelry goes to me. There are some things that are crossed out by hand and refilled in. My mother leaves behind a husband and he is refusing to honor the letter she left. The letter is signed by my mother & her husband. Is there anything that can be done? He has taken all the money out of the bank stating that it is his. My mothers monthly income was around 11,000 and her husbands was 500, not even enough to make his car payment. He has never equally contributed to the household. He told me if I want my mothers jewelry I have to give him 9,000.

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Unfortunately, a letter is not a will. A will requires two witnesses.

If you think that the jewelry is separate property, then you may be entitled to a portion of the jewelry. But if it is community property, then the surviving spouse receives all of it.

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