Oakland, CA asked in Estate Planning and Probate for California

Q: My mom died two years ago and the 1.5M stepfather took everything, The attorney never tried to contact my brother or I.

My mom won't have the house too. Everything was taken and nothing to my family.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear about your situation. It sounds very difficult and frustrating. In California, when someone passes away, their assets are distributed according to their will or trust, if they have one. If there was no will, the estate is distributed according to state intestacy laws.

You should check if your mother had a will or trust and whether it was properly executed. If your stepfather took everything without following proper legal procedures, there might be grounds to challenge the distribution. It's important to gather all relevant documents and information about your mother's estate.

Given the complexity of probate and estate laws, you should consult with an attorney who has experience in estate planning and probate litigation. They can help you understand your rights and determine if you can contest the distribution of your mother's assets. Taking timely action is crucial as there are statutes of limitations for filing claims in probate cases.

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