Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My dad died one month ago. He had married a woman one year

Customer Question
ago. He got very sick...
My dad died one month ago. He had married a woman one year ago. He got very sick and she wouldn't care for him and he went to live in his RV. She got a legal separation so she wouldn't be responsible for his bills. (They weren't actually legally married. They had a ceremony and he did the marriage certificate, signing it two different ways- he was a minister. The county gave her a copy of that with his two different signatures but told me it wasn't legal)
In the last month of his life she convinced him to make her executor and had power of attorney.
My dad told me about a savings account he had that would be mine. When I asked her about it she denied knowing only to find out later that she knew, and had closed the account so Medicare wouldn't get it.
Even his will is suspicious, giving her 60% and me and my daughter each 20%. Left my other daughter out for no reason!
I never saw the power of attorney, and didn't see the will until after he died.
She is now in control of his rentals, and everything else.
None of this seems right but she told my family if anyone contests the will she would pay for all her legal costs out of the account she already closed.
She said everything is under $150,000 so it doesn't go to probate, but I don't know if that is even true.
If she should died her share goes to her children and that doesn't seem fair or right either.
Should this go to probate?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
12/19/2015
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,601
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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 is talking about small estates in CA which can be used where the total value of an estate is under $150,000. It is not a court probate process. However, if you believe she has taken his estate through fraud or undue influence, you can file a petition in probate court to force probate and challenge the will and also to seek to reclaim property to the estate for the lawful heirs. I would suggest that if you choose to fight this and she is using small estate probate, under $150,000, that you need to immediately get a local probate attorney and file suit against her to stop her and recover the assets to the estate and seek to get the will as well as the alleged marriage declared invalid and get her completely cut out of this estate.
Ask Your Own Family Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 119,601
119,601 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. 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:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I am about half way through a legal separation. the
i am about half way through a legal separation. the agreement states that we have joint custody of our 2 boys. well with that being said she has moved someone in that in am not comfortable with also s… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
My wife and I have been legally separated, we have
My wife and I have been legally separated , we have reconciled, can we get forms to Motion to Vacate separation now. … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
My husband is wanting a legal separation I do not I want a
My husband is wanting a legal separation I do not I want a divorce he says I'll be getting papers from his lawyer to appear before a judge to divide assets what happens if I don't show up … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
I have been legally separated for about 5 years now. i was
hello, i have been legally separated for about 5 years now. i was wondering would that have been a factor in my A disability compensation. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
Can I receive a legal separation agreement while my divorce
Second opinion] Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separati… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
Can I receive a legal separation agreement while my divorce
Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separation agreement. Sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Can someone get a legal separation without the property
Can someone get a legal separation without the property settlements and later if there is a divorce do the property settlement at that time?.… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
I'm legally separated from my husband and I waived spousal
I'm legally separated from my husband and I waived spousal support due to insurance. If we go through the divorce, can I ask for spousal support! … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
If I execute a legal separation document is it voided if we
Hi Pearl, If I execute a legal separation document is it voided if we are domiciled for a short period of time in NC? … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
Have a question about legal separation. Kind of question.
have a question about legal separation JA: Because family law varies from place to place, can you tell me what state this is in? Customer: kind of long question JA: Have you talked to a lawyer yet? Cu… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
My husband (legally separated for a little under a year and
My husband (legally separated for a little under a year and have lived in seperate homes for that time) broke into my house today through a window and took two of our children from their beds and went… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
The attorney is saying i can't have a legal separation and
the attorney is saying i can't have a legal separation and keep my spouse out of my house. i am the sole owner of the property. i cannot have a divorce due to my faith in Jesus. God … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had a legal separation agreement prior to our divorce. My
I had a legal separation agreement prior to our divorce. My ex wife had exclusive use of the family residence. I was to deposit my monthly pay check in the the joint account for living expenses and co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
How do I file for a legal separation? Where do I get the
How do I file for a legal separation? Where do I get the paperwork and instructions? Does it make it easier to get a divorce if you have a legal separation and are separated for over 1 year? I'm in th… read more
Expert James
Expert James
Doctoral Degree
11,541 satisfied customers
I have a legal separation from california, but I want to
I have a legal separation from california, but I want to convert it to a divorce in arizona where I live … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Question about legal separation agreements. Can the parties
Question about legal separation agreements. Can the parties agree in a legal separation agreement to remain separated for a certain length of time without filing for divorce. My husband and I would li… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
My husband send me a petion for legal separation, but
hi, my husband send me a petion for legal separation, but instead i want the divorce should i respond? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
In the state of California does a legal separation or a
In the state of California does a legal separation or a separation agreement each protect you from being responsible for any debt incurred by your spouse after the document is executed?… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 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