Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My husbands mother passed away in December 2016 leaving 3…

Customer Question
My husbands mother passed...

My husbands mother passed away in December 2016 leaving 3 adult children beneficiaries to her trust of which my husband is one. Several of the things included in the trust have already been disbursed to the beneficiaries. Stock, life insurance and inheritance IRA. The house was not put on market till 9/26/2017. Escrow was opened on 10/02. My husband passed away on 10/09/2017. Escrowed closed on 10/31/2017. Unfortunately my husband did not have a trust or will due to our ignorance with understanding of California community property as well as comprehension of his inheritance. All the other proceeding inherited items ie small life insurance amt was place in his individual savings acct with me listed as the beneficiary. The stock dollars were placed into our joint checking account. I have been given documents to sign in order for proceeds to be disbursement to my husbands estate and his 2 siblings equally. My question. Because husband did not have a will is half of the remaining moneys not yet disbursed intestated to his siblings. How does this effect also moneys that were already pd to him and he deposited into our joint accts.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

Supporting evidence of what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at present.

Submitted: 9 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 days by:
11/20/2017
Estate Lawyer: Irwin Law, Attorney replied 9 months ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,580
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Verified

Because husband did not have a will is half of the remaining moneys not yet disbursed intestated to his siblings.

Hello Lila: The money that your husband received and placed into accounts with you as the beneficiary now belong to you. Money that had not been paid to him before his passing, now passes to his estate, and will pass to his heirs, i.e. you and children, by CA intestate law. I can't say who that is without more information about his survivors.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
We had no children. I have been told that I will only inherit 1/2 of the remaining unpaid portions of husband's mother's estate and the other 1/2 will be divided between his 2 siblings. This is even after he was considered fully vested in his inheritance. Apparently, it is solely due to him not yet receiving the funds from his mother's house sale and also because he passed without a will that states I was his intended beneficiary. The house was not put on market till 9 months post mother's death. It appeared to been postponed only due to other siblings emotional inability to proceed with the clearing of the house. It sold within 6 days of listing and entered escrow about 5 days prior to my husbands passing.
Estate Lawyer: Irwin Law, Attorney replied 9 months ago

Since CA is a community property state, the characterization of the inheritance from his mother is critical, and for that you need the opinion of at least one experienced CA probate lawyer. If it is called his separate property and not community, it is entirely possible for the sisters to inherit half. Scroll down to the chart: "Who Gets What" https://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

I hope that I have provided excellent service and, if so, I would appreciate a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated. Thanks again for using JUST ANSWER.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,580
7,580 Satisfied Customers
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters

Irwin Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My brother passed away in Ringoes, NJ in December of 2016
Hello, My brother passed away in Ringoes, NJ in December of 2016 with a will and a designated executor. His estate was worth about $1,250,000 with $250,000 in Real Estate, $250,000 in non IRA and cash… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,382 satisfied customers
Legal question. Mother in law passed December 2016. She had
Legal question. Mother in law passed December 2016. She had a trust. Portions of the estate have been disbursed with my husband receiving his share of such things IRA, stocks, life insurance. He has b… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,522 satisfied customers
My husband is one of three beneficiary for his mother's
my husband is one of three beneficiary for his mother's estate. Some of her assets have been distributed/paid to her beneficiaries. Ie IRA rolled over, stock sold and paid to beneficiaries and life in… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My mother has recently passed, we established a trust 14
My mother has recently passed, we established a trust 14 years ago when my father died. There are tax deferred IRA and annuity assets. The IRA is her rollover retirement assets. The annuities are life… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My father recently passed away and my siblings and I are all
My father recently passed away and my siblings and I are all listed in my father's life ins policy, cd or IRA account, and the money in each account is to be divided equally. My father also has a Will… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I currently have a Power of Attorney over my father, and I
I currently have a Power of Attorney over my father, and I have been administrating his "simple cash" estate for him for the past couple of years. He has no assets, or short-or-long term investments o… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,212 satisfied customers
California 1. Divorce final in Sept 2013 2. Ex spouse died
California 1. Divorce final in Sept 2013 2. Ex spouse died and left me (former husband) as benificary on 401K and IRA. 3. No stipulation in divorce degree about these accounts. We divided everything e… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
My brother passed away August 3, 2014. I was his trustee on
My brother passed away August 3, 2014. I was his trustee on the revocable trust and his executor of his estate. He left his assets to the trust and instructed in the will they be distributed to his si… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
we live in Illinois. My husband passed away with no will
we live in Illinois. My husband passed away with no will . what is considered his estate? Is a life insurance policy i will receive considered his estate? Can his creditors and credit card companies p… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
I am the executive trustee to my parents Living Trust & Will
I am the executive trustee to my parents Living Trust & Will . My father died in Dec. 2005 where my mother was the primary beneficiary of his IRA & the Family Trust. Now my mother has died and she lis… read more
LegalGems
LegalGems
Juris Doctorate
12,788 satisfied customers
I HAVE A CLIENT WHO IS THE TRUSTEE TO A REVOCABLE TRUST. THERE
I HAVE A CLIENT WHO IS THE TRUSTEE TO A REVOCABLE TRUST. THERE ARE ONLY 2 SIBLINGS. WHEN THE TRUST WAS SET UP ONLY THE HOME, LAND AND CATTLE WERE LISTED. THE CHECKING ACCT, 2 CARS AND IRA WAS NEVER LI… read more
socrateaser
socrateaser
1,031 satisfied customers
Pennsylvania Inheritance Tax: Financial assets are proceeds
Pennsylvania Inheritance Tax: Financial assets are proceeds from: Life Insurance - Beneficiary Annuities - Beneficiary IRAs - Beneficiary Joint Tenants With Rights of Survivorship Payable on Death (Te… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
For a revocable living trust, what is the best way to fairly
For a revocable living trust, what is the best way to fairly ensure that when I die, the inheritance from my mother is equally passed to my husband (if he then dies,not to his sister), and to my two b… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,942 satisfied customers
My father recently passed away. He has a trust with a value
My father recently passed away. He has a trust with a value of approx. $30,000. Can I disperse this money to my siblings who are all executors along with me without an appointment with the attorney. #… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
I am the executrix of my deceased counsins estate (who had
I am the executrix of my deceased counsins estate (who had a will in place at the time of his death). I am to receive everything with the exception of a certain % of the residuary estate that is to go… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
My aunt died and left everything equally to myself and my cousin.
My aunt died and left everything equally to myself and my cousin. She had a small IRA for which her estate is the beneficiary. If we close the IRA and distribution is made to the estate, who pays the … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My mother recently passed away. There is the following paragraph
My mother recently passed away. There is the following paragraph in her Will. In the event any of my residuary beneficiaries receive any benefit because I have amde my property joint with them, includ… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My Mother passed away last week. She left a will, naming me
My Mother passed away last week. She left a will, naming me executor. The only instructions were to divide everything equally between myself and my four siblings. She had both savings and checking acc… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x