Q: My Mother just passed away without a will and my step cleaned out her personal bank account. Is there anything I can do?
The bank account contained her inheritance from her Mother that she purposely kept separate.
A: It will depend on the dollar value of all your mother's probatable assets and the state in which your mother lived. (I'll assume your mother lived in California.) If your mother's probatable assets are valued at $166,250 or more, your mother's assets must go through the probate court before the assets can be distributed to heirs. There are exceptions. For example, if the bank account was a joint account with your mother and step-father, then he would be entitled to all the money in that account. Here's why: Whenever there is more than one owner of an asset and one of the owners passes away, the deceased person's name is removed from ownership and the remaining owner(s) continue to own whatever is left in the account. This is a general overview and each situation is different. So, if you want specific legal advice tailored to your individual situation, hire a lawyer in the area where your mother lived. Best wishes!
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