QUESTION

Don't I have a right to know what my dad's wishes were?

Asked on Dec 12th, 2013 on Estate Planning - California
More details to this question:
My father passed away 5 years ago and my stepmother refused to give me any information regarding my father assets. He always told me that my brother and I would split what was left between us.
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6 ANSWERS

Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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The first question is whether "there was anything left." If the assets were titled jointly, then you are out of luck. If the assets were all titled solely in your father's name, (which would be very unusual), then probate would be required. In that case, if there was a will, it may have left it all to the surviving spouse. If it did not, she would be entitled to "elect against the Will." In all likelihood, she would still be entitled to the bulk of the estate. Check the public records to see how the house was titled. If it was joint, then you will have your answer. The spouse would not legally have been able to access any of the assets, if they were not jointly titled or she was not designated as beneficiary.
Answered on Dec 17th, 2013 at 2:28 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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In Idaho, you might have had a chance two years ago, but there is a 3 year statute of limitations on the probate. Regardless, talk with a local probate attorney, maybe there is something that can be done.
Answered on Dec 17th, 2013 at 2:22 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Maybe but you waited 5 years. Don't waste more time. Pick up the phone , call an attorney and discuss your specific situation.
Answered on Dec 17th, 2013 at 2:21 PM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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Yes, if your father had no will, in Louisiana, you and your siblings would be his sole heirs of his estate. Your step-mother would not be the one inheriting his estate. If she had any community property with your step-mother, you and your brother and she would now be co-owners of that community property, and you and your siblings would solely own his separate property.
Answered on Dec 17th, 2013 at 2:21 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Seek the assistance of a probate lawyer to make a written demand on the step mother for information regarding the assets of your father, and determine if a probate petition should be filed on your behalf.
Answered on Dec 17th, 2013 at 2:20 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Probably too little, too late. If all of the assets were joint there is nothing in the estate for you and your brother to share.
Answered on Dec 17th, 2013 at 2:20 PM

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