2-11-2002
DEAR SUMMER:
So sorry about the loss of your father. It really doesn't matter if you had a close relationship with him or not. As his natural child, you are eligible for a share of his estate (some of the community property and some of the separate property).
I think the relatives are NOT being honest with you and may be trying to trick you into thinking that you won't be getting anything. Since you have some idea that he was a wealthy man, then it doesn't make sense when they say there are no assets (???!!!) and no money (???!!!). Even if there was no will (I think that if there was one, they are hiding it or maybe threw it away, so no other heirs would get anything and they could keep everything for themselves), your father's estate would then be considered "intestate" (meaning "without a will") and would then still need to be divided up among his heirs.
If you know the addresses of the properties that he owned, then you should go to the county courthouse and visit the tax assessor's office or look at the computer databases there (some are usually available for the public to use) to find out what the properties are worth and how much property taxes have been paid on them.
Normally, if there is a will, it is required to be filed within 30 days of the person's death. Check at the county courthouse PROBATE COURT to find out if an estate file has been opened yet for your father. If there is one, you can look at any documents that have been filed and get the name and address of the estate executor/administrator, since that is the person who will be handling everything in the estate (claiming all assets and paying all outstanding bills and expenses, and dividing up what is left over and issuing a check to the heirs).
When you say you found out from your attorney that there is no will, no assets, and no money, this just doesn't sound very believable. Did someone else tell your attorney that, or did she conduct an investigation of her own to try to find out something? Something just doesn't seem right here (I hope she wasn't trying to fool you or pull the wool over your eyes, and I hope she wasn't bought off or influenced by the other side to throw you off track by perhaps not wanting you to check into it any further).
The problem is that you don't know what assets your father had (life insurance policies, bank accounts, job/pension benefits, stocks, bonds, etc.). If you can afford $200-$300 to hire a private investigator to do a financial background check on your father, then it might be worth it to find out what he was worth. It seems that the only way your father would not be worth anything is if he was deeply in debt, and I don't think that is the case here. Somebody is going to have to do a little digging to find out information on what your father owned in his lifetime. Was his house paid for?
If you can't afford that, then in any case you need to discuss your situation with about 3-4 different probate attorneys and ask them how you would go about claiming your share of this estate. A successful probate attorney, if he realizes how strong your case is, should take it without asking any money upfront as a retainer if he knows that your father's estate has some value to it and that you are eventually going to get your share from which he is going to be paid.
SINCERELY,
advisor
