Re: Unfair! Over a million dollars of my dad's money will go to his wife's child?

[OksanaMarch]

Re: Unfair! Over a million dollars of my dad's money will go to his wife's child?

Everyone, thank you for responding to my question!
I thought my original post was clear but I guess it created some confusion.
My father died in 2009. He was not old and this happened unexpectedly. Several people suggested that he excluded me from the will but this is not the case. HE DID NOT HAVE A WILL. His wife got the house they lived in and about a million dollars.

I did not run to a lawyer as soon as he died, I had a long period of bereavement. When I did see an attorney he told me that in California everything gets passed on to the spouse. He basically said adult children don't have a claim if the wife is alive. Was I just given bad advice? You guys are saying I should have challenged this in court at that time?

There are posts that suggest I mentally let go of this money. Please let me figure out on my own what I do mentally and psychologically. I was just asking a legal question. You see, I am totally clueless about this... I thought maybe there is a law that says in our particular situation the money gets split 50/50 between surviving children.

Some people suggested that I got *some* of the money but this is not the case. Everything went to her. This is what I meant when I said "unfair". Dad worked all his life and she was sitting home (but of course you are going to say that doesn't matter in California). It is fair that I don't get any of it, not a penny?

 

[Proserpina]

Everyone, thank you for responding to my question!
I thought my original post was clear but I guess it created some confusion.
My father died in 2009. He was not old and this happened unexpectedly. Several people suggested that he excluded me from the will but this is not the case. HE DID NOT HAVE A WILL. His wife got the house they lived in and about a million dollars.

I did not run to a lawyer as soon as he died, I had a long period of bereavement. When I did see an attorney he told me that in California everything gets passed on to the spouse. He basically said adult children don't have a claim if the wife is alive. Was I just given bad advice? You guys are saying I should have challenged this in court at that time?

There are posts that suggest I mentally let go of this money. Please let me figure out on my own what I do mentally and psychologically. I was just asking a legal question. You see, I am totally clueless about this... I thought maybe there is a law that says in our particular situation the money gets split 50/50 between surviving children.

Some people suggested that I got *some* of the money but this is not the case. Everything went to her. This is what I meant when I said "unfair". Dad worked all his life and she was sitting home (but of course you are going to say that doesn't matter in California). It is fair that I don't get any of it, not a penny?

Fair? She was his wife - is it fair that she should have to "share" her beloved's estate with children with whom she has no legal or biological relationship? "Fair", as you can see, is subjective. You didn't work for his money - why should you get it? You see how that argument works?

Dad was free to make a will or not make a will. He didn't, so that leaves you at the mercy of intestate succession. You can see on this handy little chart (somewhat simplistic, but gives you an idea) what happens:

http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

So now that it's clear that there was no will, you have a problem. You can of course consult an attorney who can guide you further (and that's my recommendation), but you should expect Stepmom to fight tooth and nail on the basis of ... well, too much time has passed and you're only making a fuss now because she's very sick and you can't stand the idea of HER child getting everything and leaving you with nothing. In other words, you've sat on the matter for too long.

 

[TigerD]

Fair is a place you take a pig to win a ribbon. There is no fair in law.

1. Someone should have opened probate when your father died.
2. The spouse of the deceased gets all community property and 1/2 or 1/3 of separately owned property. The children get no community property and 1/2 to 2/3s of separately owned property.
3. You had a limited time from his death to open probate or challenge the distribution - usually one year, but a local California licensed attorney can answer that question for you.

Insurance is not Dad's property. Insurance proceeds belong to the beneficiary.

Show some compassion and a little less concern about dollars and cents and you may find things start working out a bit better for you.

TD

PS - I, possibly like some others, didn't respond to your previous post because I didn't like your attitude.

 

[justalayman]

How about backing way up

Has your father's estate ever been through probate?

 

[flybuy22]

attorney

Find yourself an attorney ASAP. Dude, when did you find out there was no will?

 

[justalayman]

Find yourself an attorney ASAP. Dude, when did you find out there was no will?

Probably years ago when his father died.

 

[flybuy22]

??

Probably years ago when his father died.

Not your place to respond to my question for the OP

 

[justalayman]

Not your place to respond to my question for the OP

Not your place to admonish me for anythng either but given this is an open forum, there are no real "places" where one is not allowed to speak, as long as it is done in a reasonable fashion.


Seriously dude, let the op speak rather than you (and possibly the other guy) hijacking the thread. Finding an attorney asap may be great advice or it may be totally worthless junk. Let the op flesh out the story before jumping to such underserved advice. The op has still presented very little information from which to draw any conclusions. The last time both of you jumped to the conclusion op was cut out of the will. Obviously in your rush to impress somebody you were both wrong. There is no will.

And with that was the answer to the question of why oksanamarch could not contest the will at this late date; there was no will so your entire copy and paste was a wasted effort on your part.


So, as we return to our normally scheduled programming;

oksanamarch,
Was your father's estate ever dealt with through probate? If so, were you listed as an heir in the statement listing heirs and interested parties?

In addition;

Were there any money or other assets that were NOT held as joint tenants with his wife?
Was the house purchased before or after they were married?

There are myriad questions that can affect whether you had any claim to anything of your father's. Depending on the answers, what happened may be completely correct. Other answers may mean you got shafted.

When did you speak to an attorney in relation to your father's death? Did they actually review any of the information involved with your father or was it an off the cuff answer?

 

[flybuy22]

Not your place

Use your head not your ego when a question is meant for the OP. Dude. If I have a question for you, I will ask you directly.

 

[davew128]

Not your place to respond to my question for the OP

The Rock had a number of catch phrases when he mostly wrestled. One of them started with "Know your role...." It applies to you.

 

[justalayman]

Use your head not your ego when a question is meant for the OP. Dude. If I have a question for you, I will ask you directly.

As w c fields was known for saying;

Go away kid, ya bother me

 

[flybuy22]

Not your place

Next time I have a question meant for the OP and you answer on his behalf. I will suggest you go away because you are "bothering" me.

 

[justalayman]

Next time I have a question meant for the OP and you answer on his behalf. I will suggest you go away because you are "bothering" me.

Be my guest.

Your problem is you came in here like a bull in a china shop. With absolutely no support for your position you told everybody else their responses were asinine. Well, it has been born out that your answer was completely useless and then defending it simply added more crap.



So far you have proven you add nothing to the forum (other than a moment of entertainment when somebody figuratively slaps you) and have been a huge detraction. Typically those are the signs of a troll. If you are a troll, you will be dealt with eventually. If you want any respect, you really need to figure out what you are doing wrong and correct it. It's really up to you how you are perceived here.

Now if you want to show yourself worthy of anything other than disdain, lets both stop hijacking this thread and let it serve oksanamarch's purposes. Fair enough?

 

[Minuette]

Intestate in California

Unfortunately, I have personal experience with a person dying intestate in California. Oksana, I assure you that the senior members are on point.

My husband died intestate last year. His estate was worth two million dollars. But no probate was opened, nor legally required, and here is why:

Home (equity $250k) - community property. I inherited all rights to it, not subject to probate.
401(k) (value $981k) - I was the named beneficiary, therefore not subject to probate.
Life Insurance ($600k) - I was the named beneficiary, therefore not subject to probate.
Bank account, his ($16k) - his separate property; the bank reps were meatheads, so they simply cut me a check when I presented a small estate affidavit (notarized) which detailed the division of separate assets in accordance with the law. I divided and disbursed the funds myself, in accordance with the law of successor interest in the estate of an intestate person.
Investment account ($93k) - his separate property; at least the brokerage reps were not meatheads. They divided and distributed the securities upon presentation of the small estate affidavit and completed internal documents, in accordance with California law.
Assorted debts ($25k) - I paid all outstanding separate debt from my share of the separate property.

So, while it was a $2 million estate, the value of the assets subject to probate was less than $150,000, therefore was handled through a small estate affidavit without the requirement to open a probate case. In your father's case, it is entirely possible that the same situation occurred - that the bulk of the estate was not subject to probate or was community property that vested with his wife upon his passing.

You really need to let this go. It is too little, too late, too many unknowns to mount any credible legal claim to any portion of the estate. If anything, take from your father the work ethic and financial sense which allowed him to amass a sizable estate - and learn from his failing to plan for the unexpected, if you believe he did not. That's really the most valuable thing you're going to get from his tragic passing. That, and your memories of him.

Peace be unto you.

 

[Silverplum]

What a superb post, Minuette!! Thank you.