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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115419
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My sepmother wanted us to sign a bound wavier which we told

Customer Question

my sepmother wanted us to sign a bound wavier which we told her we were not signing. Her attorney, informed us that the stepmother was in the process of converting her deceased husband, my father’s, bank accounts to community property, and that all the
community property was to be soley the stepmothers. We gave a note for a sum of money to the proposed probate lawyer (that my father noterized). The stepmother was going to be the administrator of the probate. We asked her attorney how it would be determined
which seperate property could be changed to community property and that this was a grey area that we felt there should remain a bound for. Now that time has passed and she thinks that we were going to bring our note for deeded money to probate she has informed
us that there will be no probate. Is this a legal strategy to avoid the fair dispersement of monies which there was a lot of in these accounts and avoidence of the note for money. Is so what step would you take to combate this stategy?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She cannot refuse to conduct probate. If there are claims against the estate, such as the note, she has to either pay it or the holders of the note can sue the estate which forces the matter to probate court and she cannot avoid it. Also, community property has to be proven that it was acquired during the course of the marriage and if she cannot prove that she cannot claim it as community property.
It sounds like she is trying to claim everything and shut out the legal heirs from their share of the estate.
The option here, since she is acting this way, is that you need to get your own probate attorney and sue the estate over the note and force her into probate court to answer the claim.
Customer: replied 1 year ago.
Does inheritance monies count as community money if it was Aquired during the marriage and left and a separate status? And if not how can It be proven if all the bank accounts are hidden by being changed to the stepmothers name. How will the court or we be able to find these accounts. Now that her probate attorney is not working for her would he still be obligated by law to give these accounts that he knows about to an attorney that we hire? What step would,should,or could our attorney make.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
NO, inheritance is always separate property no matter when it is inherited UNLESS it is specifically left to both spouses.
You would subpoena all the accounts that were previously in your father's name and also all of her accounts to match them up and the attorney will do that once suit is filed.