Need 2nd opinion. Messy Probate.

[Audioman]

First off- I have attorney not too experienced in probate. Who is understandably very busy. I need a 2nd 3rd etc opinion!
So Ill make this as short as possible.

I am recently appointed executor of mom's estate. I am the sole beneficiary by will.
Mom was 79yr old non English speaker at death.

Last year:
Very ill elderly Step-Dad signed PoA to his son before his surgery (Son didnt visit for 9 yrs). They/son removed nearly all funds from joint bank- Left mom with little income. Son prevents access to dad at nursing home. Says dad didnt want anyone to visit. Son returns out of state and leaves dad alone. (Last request by dad to me was to "PLEASE" visit him.) Dad dies. (FYI Step son despised my mom. Removed and used mom's soc sec and personal info without her permission. Another long story)

Son and his attorney withhold all funds, pension, life ins paperwork for 5 months after death of dead. This after requests from mom and myself. Refuses to talk to mom. Son says all assets are his as his father left a will saying so (Mom never informed about will contents). I get home in mom's name. Son says get conservatorship and he'll turn over some funds. Mom dies before conservatorship.

Months later, son files for probate (Dad) and is accepted. Files petition to back out of being executor. Court says no. Son wont file bond his probate is stalled.

My big question is: What percentage of the marital cash are due to my mother's estate? My attorney says half. Another attorney says all and I should administer both estates together???

Im confused and desire some insight before I have my attorney proceed with letters. Half would make things go easier and half is better than nothing.

Thank you

 

[dee_dub]

What do you mean by "marital cash"?

Anything that was held by the two as community property or joint property with right of survivorship passes 100% to your mom's estate.

How do the lawyers explain their answers?

 

[Audioman]

Thank you for your response! By marital cash I meant the money that was mom and step dad's while alive and of course married. This is money my step dad's son and attorney supposedly are holding and is substantial I may add.

My attorney stated that since step dad's will gives his assets to his son. He is entitled to half the cash. I mentioned that another attorney I spoke with essentially said the same as you. He said that wasn't right. I was thinking of suggesting my attorney speak with a probate specialist?

Thank you.

 

[Audioman]

Thank you for your response! I responded earlier and apparently my post wasn't accepted.
Marital cash: Money that was step dad's and mom's while married. Step dad's son and his attorney are in possession of it.

My attorney states that since step dad's will states his son as heir he gets half the money. When I told him another attorney told me that by right wife/mom gets the money, he said that wasnt right.

Now how to convince my attorney to seek counsel from a probate versed attorney?

Thank you.

 

[dee_dub]

I am loathe to second-guess your lawyer. He's the expert on California law, not me. Ask him to explain his answer, and if you can't get an explanation that makes sense to you, look around for a different lawyer.