Father died without will

[tansiewleng]

The estate I am referring is in California. My father-in-law died 15 years ago without a will eventhough a week b4 he died, he told my husband and brother-in-law that he wanted the property to go to them. The property worth about $4 millions is by default under my stepmom-in-law's name. 2 years ago she told my brother-in-law that a developer contacted her and in 2 years time, the property will be sold and will split the proceed. Nothing happens since. In January this year, my husband and his bro went to meet her and she told my husband to make arrangement and sell the property. She backed out of it after my husband found a realtor that have a buyer willing to pay what we asked for.

There are numerous examples to lead us to believe that is she is becoming mentally very imcompetent and forgetting what she have told us or made decisions on. She have also told us when we were out there visiting early this year that she has depression.

Our concern here is should anything happens to her, since there is already showing signs that she is not competent is making decisions, we will end up losing the property that my father-in-law left for his children. What can we do to ensure that the property would end up back in the family. She has a brother and a niece and nephew. She does not have any children with my father-in-law. The property were once under both my father and mother-in-law's names until divorce.

Me and my husband are legal-blind and don't know what are available out there. Any help, suggestions are welcome. Thanks.

 

[JETX]

My father-in-law died 15 years ago without a will eventhough a week b4 he died, he told my husband and brother-in-law that he wanted the property to go to them.

And that 'statement' is worthless.

The property worth about $4 millions is by default under my stepmom-in-law's name.

First, there is no such thing as a 'default' inheritance to your step-mother. If your step-father died without a will, called intestate, state law decides how the estate is to be distributed. I strongly suggest your husband and the other heirs contact a local probate attorney so that they can get their rightful inheritance.

The intestate distribution law in California can be found at:
http://www.finance.cch.com/pops/c50s10d190_CA.asp

Second, with an estate of that size, he NEEDS TO SEE AN ATTORNEY!!

What can we do to ensure that the property would end up back in the family.

You can't. The fact is..... at least a part of your step-fathers estate is HERS.... to do with as she pleases. That is why your husband and his siblings MUST get hold of a qualified probate attorney NOW... to protect their rights.

 

[tansiewleng]

Thanks for the reply and suggestions. One important information that I have forgotten to mention is her name was added to the title in 1984 when they got married. Does this change the chances of us claiming our shares to the property?

 

[lwpat]

Don't you just love it when they go "Oh, does this change things?"

 

[BlondiePB]

Don't you just love it when they go "Oh, does this change things?"

Yup...details, details.

 

[JETX]

Thanks for the reply and suggestions. One important information that I have forgotten to mention is her name was added to the title in 1984 when they got married. Does this change the chances of us claiming our shares to the property?

Nope. In the case you describe, she would already have owned half the property by title. Then, depending on how the title was filed, she could have anywhere from all the remaining half (JTROS) or her half plus half of his half (total 3/4) with the remaining 1/4 by other heirs.

See a good probate attorney.

 

[tansiewleng]

Jetx, thanks for the reply. Looks like we may potentially have some claim to this property after all which is very encouraging.

Time to find a good Probate Attorney I guess.

 

[tansiewleng]

JETX, once again I hope you can shed some light of what we can do. I did some research on how the title was written today, it was the JTROS that you mentioned. At this point, can I assume that this is the dead end for us or there is still alternatives that we can try.

Also, I just got this from my brother-in-law that he actually took her words for it that he did not have a will drawn when he is alive. Since they were not informed by any attorney, can we presume that this is the truth or we should check on this. If we have to check on the filing of the will, how do we do that?

 

[freespeech]

I bet this property was not valued at 4 million 15 years ago!

I think you should still consult a good Atty versed in this area.

 

[tansiewleng]

You are right that the property was not worth that much then. He actually had double the property but sold half of it. Wonder if it is a blessing or not since we may not even get anything from it.

Before I go and see an attorney, how do I find out for sure that a will was not filed? Anybody???

 

[mkawahara]

Finding a will

I had a similar situation. Once a will is lodged in the court, it becomes public record. By making a request from the probate division of the superior court in the county he resided in OR in the county the step-mom-in-law resides in they can tell you if a will has been lodged with them.

Do a little detective work, though. Although my dad resided in Santa Clara County, his attorney was in Santa Cruz. The will was lodged in Santa Cruz!

The court will charge a small search fee (Santa Clara was about 25 bucks) and reproduction costs. Check the county court's web site for information on how to make the request. All they asked for from me is a letter requesting the information and a check.

Good Luck!

 

[tansiewleng]

Thanks very much for the suggestions. I will definitely go that route and see what we can get.

Why does dads have to do that to the children? My husband and his brother have a bad feeling abt this. Will see.

 

[nextwife]

Property titled as JTWROS does not pass through probate, but instead passes to the surviving JT Tenant.