Stepmother is defrauding stepson from his fathers estate of $6 mill

[Lisa Nielsen]

Jurisdiction

California

Father passed away in 1/2019. My father promised me several times over last several years that I was to receive a lathe that was my great grandfathers, all of his guns and his very expensive collection of tools including snap-on collection. My father and I had no issues and we were on good terms. My stepmother however has spent there whole marriage of 20 plus years hating my sister and I. Although she was nice to my face she was constantly trying to turn my dad against me. My father always stood up for my stepmother and I grew up in constant turmoil. My stepmother was there everytime my father talked to me about getting his tools, guns, etc. My wife was also there. I was also supposed to get my dads lathe which was his dads. The day my dad died my stepmom cut off all contact with me. I text and called and text and called to no avail. I finally went to my dads house and she would not open door and called police on me. She said no will no trust nothing. She had no autopsy no memorial no funeral no obituary nothing. I hired a probate attorney and spent $8k and then all of sudden my stepmother said she found will in safe deposit box Isn't notarized and it is a strangely worded will. My father is worth ALOT of money. He is worth somewhere around 7 to 10 million. I know she is hiding something or is up to something. I have already dropped $8k on one lawyer and he did nothing. I can't afford to spend anymore money on an attorney. What do I do? I know she is entitled to a share of his estate but I KNOW my dad would never have intentionally left me out of his estate. And it is killing me because she is trying to make it seem that way. This women destroyed my sisters life and my life growing up was hell because of her. I desperately need help and don't know what to do!! Please help me...thank you...(name and personal information REDACTED to protect OP's privacy)

 

[justblue]

You need to edit out the id'ing information. Never put you name and phone number on a public web site...you will get cranks calling you.

 

[justblue]

___________________________________________

 

[army judge]

What do I do? I know she is entitled to a share of his estate but I KNOW my dad would never have intentionally left me out of his estate.

Please accept my sincerest condolences upon the loss of your father.
As you mourn his memory, I pray that one day you'll be at peace.
God bless you and your family as you grieve your loss.

You don't KNOW what your father decided to do when he executed his will.

Do you KNOW if your father even had a will?

He may have died intestate.

If that were the case:

Under intestate succession, who gets what depends on who your closest relatives are when you die.

The State of California has clear intestate succession guidelines and processes for property distribution to a decedent's spouse, children, siblings, and living parents. Here are the basics:

If the decedent created no will or trust and was married with no children:

All assets are distributed to their surviving spouse.

If the decedent created no will or trust and was not married but has children: All assets are distributed to the decedent's children.

If there is more than one child, then assets are shared equally amongst the living children. If a child predeceased the decedent, that child's children will take that child's share.

If the decedent created no will or trust and was married with children: Decedent's community property assets are distributed to the surviving spouse. Decedent's separate property is distributed to the surviving spouse and the children, one-half to each if only child and one-third to the surviving spouse and two-thirds to the children if more than one child.

If the decedent created no will or trust and has no spouse or children: All assets go to the decedent's kin or heirs based the closest relationship, e.g. first parents, then siblings, then cousins, etc..

If the decedent created no will or trust and has no heirs or kin: All assets escheat to the state of California.

California is a community property state.

A California attorney explains if a son or daughter can contest the will of a deceased parent:

Can I Contest My Parents' Will in California? - RMO Lawyers

Please help me...thank you.

I suggest you meet with three attorneys that specialize in "wills and estates".
Most attorneys offer a prospective client a free initial consultation.

You won't get help from the internet.
You can obtain information yourself by using most internet search engines.

 

[adjusterjack]

If the decedent created no will or trust and was married with children: Decedent's community property assets are distributed to the surviving spouse. Decedent's separate property is distributed to the surviving spouse and the children, one-half to each if only child and one-third to the surviving spouse and two-thirds to the children if more than one child.

Yes, Lisa, Army Judge is correct about that. Unfortunately, the problem with that is that most married people own property jointly with right of survivorship. That property generally consists of real estate, cars, and money accounts that pass directly to the spouse and are not part of the community property estate.

Further, personal property is presumed to be owned by the person possessing it.

You could open probate under intestacy and try to prove that some assets were community property or his sole and separate property. Do you have any EVIDENCE to that effect? The burden of proof will be on you.

You are likely to spend a lot more than the $8000 that you have already spent with no guarantee of success. We see this quite frequently where the step-parent gets it all and the children get nothing. Nobody's defrauding you. It's how it works.

As for your lawyer doing nothing, just because he didn't get you the outcome you wanted doesn't mean he did nothing. Though you being miffed is understandable.

 

[zddoodah]

She had no autopsy

Whether an autopsy ought to have been conducted was not a decision she made.

my stepmother said she found will in safe deposit box Isn't notarized and it is a strangely worded will.

A will need not be, and typically is not, notarized. If you want the "strangely worded" comment to have meaning to anyone, you'll have to explain what you mean.

I know she is hiding something or is up to something.

You "know"? Or you suspect?

What do I do? I know she is entitled to a share of his estate but I KNOW my dad would never have intentionally left me out of his estate.

If you believe the will that your stepmother located is fraudulent in some way, you are free to challenge it, but that will cost money. Beyond that, a couple that was married for 20 years probably owned most of their significant assets in ways that bypassed probate. For example, it is common for married couples to have joint bank accounts or, if they have separate accounts, to designate each other as pay-on-death beneficiaries. When that happens, the money goes to the surviving spouse regardless of what any will says. Same goes for real property (although the manner of holding title is slightly different)

Additionally, if the will were invalid, then his surviving spouse would be entitled to 100% of all community property, and only separate property would be divisible between the surviving spouse and surviving children. Couples who have been married for two decades don't typically have much in the way of separate property.

Sorry if this sounds harsh, but if your father wanted you to have something in particular, then he needed to indicate that in a will that was executed in compliance with the law. If he didn't do that, then the law is not going to presume that he wanted you to have it.