QUESTION

How would my son inherit from my mother?

Asked on Aug 21st, 2017 on Estate Planning - California
More details to this question:
My stepfather passed away in 2016. My mother passed away in 2002 with a holographic will. My stepfather had none. My stepfather and my mother raised my son from elementary to high school. Would he inherit before anybody because my stepfather's half-brother took over and he's taken everything regardless of what my mother's will says? In my mother's will, she gifted us kids $150,000 shares from her company. My stepfather got the check but they say they can't find where he cashed it but in 2002 there was a bank deposit of $50,000 and who knows what he did with the rest. He could have bought a car too and they're not even acknowledging it. I also read somewhere that the holographic will is good for 3 years after it is acknowledged and that we could sue the estate for whatever he took from us that we didn't get. This probate case started June 30th 2016. I don't want this man to walk away with my mother's money.
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1 ANSWER

Elder Law Attorney serving Hollister, CA at Charles R. Perry
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I know you won't like this answer, but you need to talk to a lawyer that handles contested estate matters. This looks to be complicated, given the amount of time that has passed. An attorney will need a lot more information to be able to help you, and you don't want to be having that conversation in a public forum like this.
Answered on Oct 25th, 2017 at 6:58 PM

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