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My husbands mother passed away in December 2016 leaving 3…

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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: 7 months ago.Category: Estate Law
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Answered in 2 days by:
11/20/2017
Estate Lawyer: Irwin Law, Attorney replied 7 months ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,563
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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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.

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Customer reply replied 7 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 7 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

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