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Probate-Father In-Law Passed Away, has been my residence for 3 yr

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cyado

Junior Member
Califronia.

My husband, our son and I have been living with my husbands father for 3 years now. He recently passed away and there was no will or Living Trust. My sister inlaw has petitoned to be executer for the property. She is the beneficiary on the life insurance's and bank accounts and has told my husband verbaly that she will split the money evenly. I want to know if there anything I can do to protect my son and I. My husband and I have been separated for a while but we still have lived together as a family for the 3 years. Our Decessed Father inlaw has been taking care of our family as my husband hasnt been working for over a year. My sister in law wrote us a letter and gave it to us on July 1st stating that she wants us to move out of the house right away and she also included a list of the cost of the mortgage and the house hold bills. She said that if we dont move out by July 1st that we would be responsible for the bills she wont give us money until we move out. Can she do this?
 


justalayman

Senior Member
has she been accepted as exectutor?

If not, she cannot require you to do anything.

she has no requirement to split the bank accounts or life insurance if she was the bene. They pass outside of probate. They are hers. If she is willing to share that money, she can impose any rules on it she wishes.

as tenants, you will be responsible to the estate for the costs of the housing.

california intestate succesion laws:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414
 

cyado

Junior Member
No she hasnt been accepted as the executer, she has just petitioned for it and has an up coming court date. Since she is petitioning to be executer and my husband signed a waiver, pretty much saying he doesnt want to be in charge. Does that mean that if she is the executer that she doesnt have to share the property with us? Is there something he needs to do so that he gets part of the house and part of the belongings. Or after she is appointed as executer does the court decide that. My husband doesnt give a crap his is trusting his sister with everything and hoping he doesnt get screwed over. Currently he doesnt seem to care about me or our son. Do you have any advice for what I should do in this matter? I have a 5 year old son, havent worked since then and my Father In-law has been taking care of us. SO i just feel like I am at a lost, I dont know what I can do or what I can or should do.
 

seniorjudge

Senior Member
California Intestate Succession Laws

If any part of a California decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse/domestic partner. In California, a surviving spouse or domestic partner is generally first in line to get any assets from the intestate estate, including any community property, quasi-community property, and separate property that belonged to the decedent.

The surviving spouse or domestic partner is entitled to the one-half of the community or quasi-community property that belonged to the decedent. In addition, the surviving spouse or is entitled to the following amounts of separate property in the estate:

* If there is no surviving issue (i.e., child), parent, sibling, or issue of a deceased sibling of decedent, the surviving spouse is entitled to the entire intestate estate.
* If the decedent leaves a surviving child, children of that child if the child predeceases the decedent, parents, or siblings, the surviving spouse gets one-half of the intestate separate property.
* If the decedent leaves more than one child or children of a predeceased child, the surviving spouse gets one-third of the separate property in the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse or domestic partner as indicated above, or the entire intestate estate if there is no surviving spouse or domestic partner, passes as follows:

1. Decedent's descendants (e.g., children and grandchildren), per stirpes.
2. Decedent's surviving parent or parents equally.
3. Issue of decedent's parent or parents, split equally if they are all of the same degree of kinship to the decedent (e.g., all decedent's siblings survive) or split per stirpes if unequal (e.g., some siblings survive and some are dead but survived by children).
4. Decedent's surviving grandparent or grandparents equally.
5. Issue of decedent's grandparents, per stirpes.
6. Issue of a predeceased spouse. To be eligible to real property, the former spouse cannot predecease the decedent by more than 15 years. For personal property, the former spouse cannot predecease the decedent by more than 5 years.
7. Decedent's next of kin in equal degree. If a claim is made through two or more different ancestral lines, those who claim through the ancestor nearest to the decedent are preferred over others.

3. State of California. If there is no taker under any of the above provisions, the intestate estate reverts (escheats) to the state of California.

California Intestate Succession Law Fun Facts

* Relatives of the half blood generally inherit the same share they would inherit if they were of the whole blood (except in certain cases involving the severing of the relationship between a child and the child's natural parent due to adoption).
* Relatives of the decedent conceived before his death, but born thereafter inherit, as if they had been born during the decedent's lifetime.
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of California gets the intestate estate.
* Evildoers beware! Any person who intentionally and feloniously kills the decedent cannot inherit any of decedent's assets or otherwise benefit from the killing. The murderer is treated as if he or she had predeceased the murdered decedent, therefore being entitled to nothing (except some jail time). Felonious and intentional killing of the decedent can be established by a criminal conviction or a civil trial based on a preponderance of the evidence.
* On a similar note, a person who physically abuses, neglects, or commits fiduciary abuse of a decedent who was an elder or dependent adult is also prevented from profiting after the decedent's death. Instead of inheriting from the decedent, the abusive person is treated as having predeceased the decedent (thus becoming ineligible to inherit).
* California's intestate succession laws, as well as other laws dealing with wills and decedents' estates, can be found in the California Probate Code.

click here

Copyright 2002 - 2008, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.



http://www.finance.cch.com/pops/c50s10d190_CA.asp
 

anteater

Senior Member
.... My husband doesnt give a crap his is trusting his sister with everything and hoping he doesnt get screwed over. Currently he doesnt seem to care about me or our son. Do you have any advice for what I should do in this matter? I have a 5 year old son, havent worked since then and my Father In-law has been taking care of us. SO i just feel like I am at a lost, I dont know what I can do or what I can or should do.
This may be a bucket of freezing water tossed on you... But, legally, you are not an interested party. It is your husband's business, not yours.
 

Dandy Don

Senior Member
Do you know whether sister-in-law had been given a signed power of attorney to handle her father's financial affairs?

Is the house owned free and clear (who owns it) or is there still a mortgage on it?
 

nextwife

Senior Member
Califronia.

My husband, our son and I have been living with my husbands father for 3 years now. He recently passed away and there was no will or Living Trust. My sister inlaw has petitoned to be executer for the property. She is the beneficiary on the life insurance's and bank accounts and has told my husband verbaly that she will split the money evenly. I want to know if there anything I can do to protect my son and I. My husband and I have been separated for a while but we still have lived together as a family for the 3 years. Our Decessed Father inlaw has been taking care of our family as my husband hasnt been working for over a year. My sister in law wrote us a letter and gave it to us on July 1st stating that she wants us to move out of the house right away and she also included a list of the cost of the mortgage and the house hold bills. She said that if we dont move out by July 1st that we would be responsible for the bills she wont give us money until we move out. Can she do this?
So NEITHER of you has been working to support yourselves and your son? You obviously need to STOP relying on your late FIL or his estate to support you. IN a year, one or both of you should have been able to find some sort of employment. You have a child- you each have a responsibility to yourselves support YOUR child.

Have the estate creditors been paid?

Are you at least paying the mortgage and taxes to keep a roof over your head? If not, the issue will soon be moot, as the lender will foreclose.

Once there is an executor appointed, they have a duty to see that the estate creditors be paid. If there are no other assets, the house must be sold to pay the creditors.

Additionally, if there is equity at risk due to payment default, it is unfair to all the other parties to lose their share of any equity because of FC, when the house SHOULD be sold promptly and proceeds split in accordance with intestate estate distribution. Unless you are prepared to buy out the other parties at Fair Market Value, and they are willing.
 
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aanubis

Member
Califronia.

My husband, our son and I have been living with my husbands father for 3 years now. He recently passed away and there was no will or Living Trust. My sister inlaw has petitoned to be executer for the property. She is the beneficiary on the life insurance's and bank accounts and has told my husband verbaly that she will split the money evenly. I want to know if there anything I can do to protect my son and I. My husband and I have been separated for a while but we still have lived together as a family for the 3 years. Our Decessed Father inlaw has been taking care of our family as my husband hasnt been working for over a year. My sister in law wrote us a letter and gave it to us on July 1st stating that she wants us to move out of the house right away and she also included a list of the cost of the mortgage and the house hold bills. She said that if we dont move out by July 1st that we would be responsible for the bills she wont give us money until we move out. Can she do this?

Another poster gave you the information about who inherits and touched upon how any bills MUST be paid, regardless of who thinks they should be "protected". You and your son have no interest in this !

Once she is appointed administrator, she has a duty to follow the law. If they are the only surviving children (you don't mention there is a surviving spouse or other children), any assets left after all bills have been paid are then distributed. You and your son have no interest in this!

Life insurance and bank accounts listing the daughter are hers. She has no obligation whatsoever to share. Seems to me 2 adults not working minimally for a year have been more than "protected" already. My goodness, if you continue living there, the sister wanting you to be responsible financially is MORE than reasonable.

Money, money, money.
 

justalayman

Senior Member
seniorjudge
Senior Member Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 23,332

Quote:
Originally Posted by Dandy Don
Do you know whether sister-in-law had been given a signed power of attorney to handle her father's financial affairs?

Is the house owned free and clear (who owns it) or is there still a mortgage on it?
Ummm...pa is dead.
don't forget this:

she also included a list of the cost of the mortgage and the house hold bills
 

Farfalla

Member
Califronia.

My husband, our son and I have been living with my husbands father for 3 years now. He recently passed away and there was no will or Living Trust. My sister inlaw has petitoned to be executer for the property. She is the beneficiary on the life insurance's and bank accounts and has told my husband verbaly that she will split the money evenly. I want to know if there anything I can do to protect my son and I. My husband and I have been separated for a while but we still have lived together as a family for the 3 years. Our Decessed Father inlaw has been taking care of our family as my husband hasnt been working for over a year. My sister in law wrote us a letter and gave it to us on July 1st stating that she wants us to move out of the house right away and she also included a list of the cost of the mortgage and the house hold bills. She said that if we dont move out by July 1st that we would be responsible for the bills she wont give us money until we move out. Can she do this?
I'm not sure how you are separated but still living together as a family. From what you said your husband has no intention of being a husband and maybe not even a father.

You want advice?

1) Get a job as you need to support yourself and your son.
2) file for divorce and child support.
3) Find a place to live that you can aford.

As others have stated, you and your son are not entitled to any inheretance from your late FIL. So don't even waste another moment on trying to figure out how to keep the FIL gravey train going. Instead take that energy and get your marital and parenting issues solved ASAP.
 

BusyMom1967

Junior Member
Girl,

This is going to hurt, and you may cry, but time to get out.

If you are separated, CUT your losees, getout, go to school, you may have to go on welfair for a short time, but it will work. Life is not over. teh son is 5, he will start school in the fall (if not already), do not live in the projects, move somehere cheap (my kids and I lived in a three bedroom single wide trailer for 6 months after my divorce - and I was getting my education). BTW - I think I know why you were separated in CA - so continue on that track for awhile until you get your education, the extra benefits will help.

** Forget the A$$H. If he could not find a job in one year, then he is not going to pay you any type of child support **

*** Don't get divorced until all of this is over. If he does get something, you can sue him for half of what he gets as marital property ***

BTW - GOOD LUCK. You will need it. Life sucks, but it is workable.
 

nextwife

Senior Member
Girl,

This is going to hurt, and you may cry, but time to get out.

If you are separated, CUT your losees, getout, go to school, you may have to go on welfair for a short time, but it will work. Life is not over. teh son is 5, he will start school in the fall (if not already), do not live in the projects, move somehere cheap (my kids and I lived in a three bedroom single wide trailer for 6 months after my divorce - and I was getting my education). BTW - I think I know why you were separated in CA - so continue on that track for awhile until you get your education, the extra benefits will help.

** Forget the A$$H. If he could not find a job in one year, then he is not going to pay you any type of child support **

*** Don't get divorced until all of this is over. If he does get something, you can sue him for half of what he gets as marital property ***

BTW - GOOD LUCK. You will need it. Life sucks, but it is workable.
He's an ass? I don't hear HER saying SHE was working. How do you know dad had any more school than she did?. Mom was not the ONLY parent who could care for the child.

They were both asses for mooching off FIL all that time and THEN continuing to expect family members to continue supporting them by paying the mortgage etc. and tying up estate assets. How do you know DAD was not the primary caregiver or equal caregiver and Mom will not be the one paying CS? I know plenty of men who do just as much caregiving and housekeeping as any woman. OP had no less a financial responsibility than did her husband. Having borne a child (esp. five years ago, dad was home, after all) does NOT make her responsibility any less.

You are ASSuming a whole lot here. Assuming mom did not go to school, or that Dad had MORE school, assuming only mom could care for THEIR child, assuming mom will get primary custody, and so on.
 
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