Long Beach, CA asked in Appeals / Appellate Law, Civil Litigation and Probate for California

Q: I don't know what to do

My stepfather and mother were married 28 years my mother owned her own ompany she had numerous bank accounts stocks bonds life ins she passed 2002 with a holographic will stating in her husband's demise all monies go back to her children my stepfather pass 2016 Intestate as a widower his half-brother who I don't even believe he's a blood half-brother and as I look closer at his birth certificate it looks like it's been messed with my mother passed away my stepfather moved his girlfriend in my mother's house his girlfriend took over my mom's identity to her company bank account she was writing stepfather checks every two weeks eventually she sold my mom's company to my stepfather she also sold the house to my stepfather we got definite information from legal order processing the accounts belong to us and we was never able to get our attorney who took $47,000 from us and didn't do nothing for us they didn't even fight for us in Court all they did was ask for continuance

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

A: If I understand your facts, your mother died and all of her assets went to your step-father in 2002? Unfortunately, you're not an heir to your step-father's estate and your mother's will is not valid to make you an heir to your step-father's estate.

Kenneth Sisco
Kenneth Sisco
PREMIUM
Answered
  • Norco, CA
  • Licensed in California

A: There are a lot of facts that are unclear, but it appears that you mother left your step father a "life estate" in her property, meaning he got the proceeds from the business and was allowed to live in the home, for his lifetime, and then all her property would revert back to her children. I see nothing in your facts that indicate she intended that your step father's girlfriend could steal your mother's identity and sell your mother's property to your step father (presumably at a very good price). Again, it is unclear, but this matter should have been handled in the Probate Court, and you should pursue getting back the unearned fees charged by your attorney, as well as, compensation for the loss of your property.

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