My jurisdiction is: California
My jurisdiction is: California.
Mom was married to recently deceased stepfather for 34 years.
Have discovered he hid approx $400-500K as "separate" funds.
Excluded from probate, and paid directly to his 4 adult children from prior marriage.
Three separate accounts,
plus life insurance with his children as benificiaries,
and 80K cash paid to his children prior to his passing.
Mom's 4 adult children believe at least a portion of that was common property.
My sisters are currently attempting to track the movement of funds through various accounts over the years.
Stepfather's will has "no-contest" provision,
and leaves their house and approx $200K for mom's care.
Unfortunately, Mom's 24/7 care in her home costs approx $60K per year.
Mom signed will, but is blind and was oppressed by stepfather for years.
Attorney billing time for the will indicates it wasn't read to her.
My sisters are reluctant to challenge the will,
for fear we don't have a case.
My brother and I feel our mom has been wronged,
and are willing to step up for legal representation.
Everyone involved lives in California, except me...I live in Oregon.
Do we have a case?
Are legal fees payable from possible settlement?
None of us have much money for retainer fees,
but we could probably scratch together some as a show of good faith.
Thank you in advance for guidence.
My jurisdiction is: California.
Mom was married to recently deceased stepfather for 34 years.
Have discovered he hid approx $400-500K as "separate" funds.
Excluded from probate, and paid directly to his 4 adult children from prior marriage.
Three separate accounts,
plus life insurance with his children as benificiaries,
and 80K cash paid to his children prior to his passing.
Mom's 4 adult children believe at least a portion of that was common property.
My sisters are currently attempting to track the movement of funds through various accounts over the years.
Stepfather's will has "no-contest" provision,
and leaves their house and approx $200K for mom's care.
Unfortunately, Mom's 24/7 care in her home costs approx $60K per year.
Mom signed will, but is blind and was oppressed by stepfather for years.
Attorney billing time for the will indicates it wasn't read to her.
My sisters are reluctant to challenge the will,
for fear we don't have a case.
My brother and I feel our mom has been wronged,
and are willing to step up for legal representation.
Everyone involved lives in California, except me...I live in Oregon.
Do we have a case?
Are legal fees payable from possible settlement?
None of us have much money for retainer fees,
but we could probably scratch together some as a show of good faith.
Thank you in advance for guidence.
