Am I Out Of Line

[cmscott]

Am I Out Of Line For Asking?

What is the name of your state? CA

Mom died 2001, Dad in 2005. Immediately after mom passed away Dad disinherited me. Moms will was never probated. Dads sister received property included in trust. Pour-over assets are in probate in CA now. The probate attorney literally forced me into accepting 20K not to contest by telling me in writing that if I contested and won hey would just keep filing other copies (dad made a new will every year since mom died) and that I would have to pay to challenge each one of them. Of course I would go broke.

Am I entitled to see the inventory of assets? What I am looking for is my mothers wedding ring which no one admits to having. Also, If my name as contingent beneficiary is still on the life insurance policy is that a separate issue that I may be entitled to?

The property in probate poured over is was likely community property in both my parents names.

 

[seniorjudge]

What is the name of your state?

Q: Am I Out Of Line

A: There is a 50-50 chance

 

[seniorjudge]

What is the name of your state? CA

Mom died 2001, Dad in 2005. Immediately after mom passed away Dad disinherited me. Moms will was never probated. Dads sister received property included in trust. Pour-over assets are in probate in CA now. The probate attorney literally forced me into accepting 20K not to contest by telling me in writing that if I contested and won hey would just keep filing other copies (dad made a new will every year since mom died) and that I would have to pay to challenge each one of them. Of course I would go broke.

Am I entitled to see the inventory of assets? What I am looking for is my mothers wedding ring which no one admits to having. Also, If my name as contingent beneficiary is still on the life insurance policy is that a separate issue that I may be entitled to?

The property in probate poured over is was likely community property in both my parents names.

Go to the probate court where the will is being probated and make a copy of the entire file.

 

[rmet4nzkx]

See a probate attorney, are there issues of your father's competence or undue influence? In what county if the probate?

 

[Dandy Don]

Contingent beneficiary doesn't mean much here--it means you only get paid if the previously designated beneficiary is dead.

 

[cmscott]

The pri**** beneficiary on every policy was either my mother or father with me as contingent. Since they are both dead and the beneficiary designations were never changed am I entitled to the proceeds even though my dad cut me out of the will

Moms policies were my father as pri**** and me as contingent
Dads policies were my mother as pri**** and me as contingent

Do dads life insurance policies go to his estate or me? And the one of moms that was never cashed in?

 

[seniorjudge]

The pri**** beneficiary on every policy was either my mother or father with me as contingent. Since they are both dead and the beneficiary designations were never changed am I entitled to the proceeds even though my dad cut me out of the will

Moms policies were my father as pri**** and me as contingent
Dads policies were my mother as pri**** and me as contingent

Do dads life insurance policies go to his estate or me? And the one of moms that was never cashed in?

Life insurance policies do not go through the estate (unless they were made payable to the estate). If you are the beneficiary on a life insurance policy, you should get it.

 

[Dandy Don]

The life insurance money goes to you and you should have been talking to the insurance company about this long before now.

DANDY DON IN OKLAHOMA ([email protected])

 

[cmscott]

So...It is my understanding that all community property that had belonged to my parents automatically went to my father under California Law. Therefore, the pourover joint assets (community property) is disbursed by my fathers will and no longer can reflect my mother's wishes. Except life insurance policies where the beneficiary name was never changed even though my father cited "all insurance policies belonging to me" in his will in which I became disinherited.

I believe that I still have a claime to my mother's seperate savings bonds which were in her name only, correct?

 

[Dandy Don]

The disinheritance clause does not have any effect as far as the life insurance policies go--the beneficiary designation takes priority over everything and the life insurance passes outside of the will--therefore the disinheritance clause can not apply at all.

Why was mother's will never probated? Now you will have to probate it and apply to become executor, and then you will have legal authority to cash the bonds in. Any bank that sells savings bonds can tell you what you need to cash them in.

DANDY DON IN OKLAHOMA ([email protected])

 

[cmscott]

Mom's will was never probated because the day after her funeral dad called the county sheriff and had me removed from their property early in the morning stating to the sheriff that he felt threatened by my being there. Mom's will was in the safe in her bedroom closet and I couldn't get to it. Dad supposedly later destroyed it. I never actually had a copy nor do I know who drew it up I am only going by what mom told me. She drafted her own private will seperate from dad's and was leaving whatever she had to me, her only child.

I am sure that dad was not happy with it because even after 50 years of marriage to her he always felt that everything they owned was his. Shortly before her death my mom had wanted to leave him but felt obligated to stay. When she had the fatal heart attack dad was with her and didn't call 911. They weren't even called until my half-brother (by dad's first marriage) came back from the store.

I was disinherited because "my father was angry with me about my mom's funeral". He had wanted to just send a check to the mortuary and let the "bank" bury her. I insisted on the funeral and he never forgave me.

So..the will was never probated because dad didn't want to and I didn't have a copy.

 

[Dandy Don]

So talk to the bank about what is needed for cashing in the bonds and they can probably tell you whether probate (and letters testamentary presented by the executor) is needed or not.