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Hi, I'm not really "Perry Mason" of course, just wish
to remain anonymous for now.
My Dad died recently and my relatives haven't been
forthcoming with any information about anything.
FWIW, they all live in California (as did my Dad).
My Dad is survived by his third wife (who has two children)
and also my brother and myself. None of them are willing to
tell me anything about what is going on, I think perhaps
because they are mad at me for not flying out there to
see my Dad in his last days, but I couldn't get away to
do it for some very valid reasons.
Anyway, what I'm hoping to get from this newsgroup is
some advice on where do I start or begin to find out what's
going on. I live 2 thousand miles away, in another
State, which of course complicates matters.
I did find out from my brother that there is some kind
of Life Insurance trust in which I am named as a beneficiary.
He won't send me a copy of it, so I need to know what I can
do to obtain a copy of it.
Also there's the matter of "Community" and "Separate" property
from which I can gather I am entitled to 1/3 of the "Community"
and maybe even more of the "Separate".
But, I am totally in the dark as to what to do to defend my rights?
Any advice will be truly appreciated.
Thanks
Perry Mason ;-)
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Hi, I'm not really "Perry Mason" of course, just wish
to remain anonymous for now.
My Dad died recently and my relatives haven't been
forthcoming with any information about anything.
FWIW, they all live in California (as did my Dad).
My Dad is survived by his third wife (who has two children)
and also my brother and myself. None of them are willing to
tell me anything about what is going on, I think perhaps
because they are mad at me for not flying out there to
see my Dad in his last days, but I couldn't get away to
do it for some very valid reasons.
Anyway, what I'm hoping to get from this newsgroup is
some advice on where do I start or begin to find out what's
going on. I live 2 thousand miles away, in another
State, which of course complicates matters.
I did find out from my brother that there is some kind
of Life Insurance trust in which I am named as a beneficiary.
He won't send me a copy of it, so I need to know what I can
do to obtain a copy of it.
Also there's the matter of "Community" and "Separate" property
from which I can gather I am entitled to 1/3 of the "Community"
and maybe even more of the "Separate".
But, I am totally in the dark as to what to do to defend my rights?
Any advice will be truly appreciated.
Thanks
Perry Mason ;-)
Very heartwarming story. Couldn't be bothered going to see your father while
he was dying, but know that he's dead you have "rights" that need protecting
and property to which you are "entitled." Well bad news greed@$#*inghead.
You're not entitled to anything. Hopefully your father has a will and you're
not in it. If you are in it then his executor will execute it. Not a @$#*ing
thing to do with you there. If when the estate is settled you don't get
everything you think you're entitled to - including 1/3 of the community
property and maybe even more of the separate - then you can hire a lawyer
and sue your family. If he doesn't have a will then your @$#*ed, you'll be
in court until the day you die, which hopefully will be soon, of some
horriifying @$#*ing cancer that eats your pancreas and gizzards, and
hopefully as your dying your kids will have very valid reasons for not
bothering to visit you.
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Perry,
Sorry to hear of your loss. You don't mention how long ago your father
died. If the death was fairly recent then you may wish to give your
relatives time to deal with their grief before you begin demanding money.
If the estate is large and a reasonable time has passed you may wish to
hire a lawyer who lives in the County where your dad resided to represent
your interests. If the estate is small then you'll need to keep in touch
with the Clerk of Court's office to find out when paperwork gets filed
regarding the estate. The Clerk will send you copies of such public
documents for a fee. Assuming that there is a will it may already be on file
with the Clerk.
Your belief that yiou are entitled to 1/3 of the community property is
not correct.
Good luck,
Dave M.
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Hi, I'm not really "Perry Mason" of course, just wish
to remain anonymous for now.
My Dad died recently and my relatives haven't been
forthcoming with any information about anything.
FWIW, they all live in California (as did my Dad).
My Dad is survived by his third wife (who has two children)
and also my brother and myself. None of them are willing to
tell me anything about what is going on, I think perhaps
because they are mad at me for not flying out there to
see my Dad in his last days, but I couldn't get away to
do it for some very valid reasons.
Anyway, what I'm hoping to get from this newsgroup is
some advice on where do I start or begin to find out what's
going on. I live 2 thousand miles away, in another
State, which of course complicates matters.
I did find out from my brother that there is some kind
of Life Insurance trust in which I am named as a beneficiary.
He won't send me a copy of it, so I need to know what I can
do to obtain a copy of it.
Also there's the matter of "Community" and "Separate" property
from which I can gather I am entitled to 1/3 of the "Community"
and maybe even more of the "Separate".
But, I am totally in the dark as to what to do to defend my rights?
Any advice will be truly appreciated.
Thanks
Perry Mason ;-)
If you want to contest the distribution of the estate, you must hire a
probate attorney in the county where your father lived to start a probate
lawsuit.
--
I am not your lawyer, and this is not legal advice. This information is
provided for discussion purposes only in this forum. State and local laws
may vary. Consult with a local attorney to see how your laws may apply to
your specific situation.
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"foad" <ooo@ooo.org> wrote in news:oFFPj.3489$Mm1.2159@trndny07:
Very heartwarming story. Couldn't be bothered going to see your father
while he was dying, but know that he's dead you have "rights" that
need protecting and property to which you are "entitled." Well bad
news greed@$#*inghead. You're not entitled to anything. Hopefully your
father has a will and you're not in it. If you are in it then his
executor will execute it. Not a @$#*ing thing to do with you there. If
when the estate is settled you don't get everything you think you're
entitled to - including 1/3 of the community property and maybe even
more of the separate - then you can hire a lawyer and sue your
family. If he doesn't have a will then your @$#*ed, you'll be in court
until the day you die, which hopefully will be soon, of some
horriifying @$#*ing cancer that eats your pancreas and gizzards, and
hopefully as your dying your kids will have very valid reasons for not
bothering to visit you.
Very heartwarming reply. Couldn't be bothered to find out what the facts
are, but rode right in on your high horse.
Who knows what Perry Mason is entitled to? It certainly doesn't
necessarily depend on his filial devotion, of which we know almost
nothing.
Once the will is filed for probate, Perry can find out what it says about
his share of the inheritance. If there's a trust and Perry is a
beneficiary, then the trustee probably owes him an accounting.
*** I am not a lawyer, so this can't be legal advice. ***
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Hi, I'm not really "Perry Mason" of course, just wish
to remain anonymous for now.
My Dad died recently and my relatives haven't been
forthcoming with any information about anything.
FWIW, they all live in California (as did my Dad).
My Dad is survived by his third wife (who has two children)
and also my brother and myself. None of them are willing to
tell me anything about what is going on, I think perhaps
because they are mad at me for not flying out there to
see my Dad in his last days, but I couldn't get away to
do it for some very valid reasons.
Anyway, what I'm hoping to get from this newsgroup is
some advice on where do I start or begin to find out what's
going on. I live 2 thousand miles away, in another
State, which of course complicates matters.
I did find out from my brother that there is some kind
of Life Insurance trust in which I am named as a beneficiary.
He won't send me a copy of it, so I need to know what I can
do to obtain a copy of it.
Also there's the matter of "Community" and "Separate" property
from which I can gather I am entitled to 1/3 of the "Community"
and maybe even more of the "Separate".
But, I am totally in the dark as to what to do to defend my rights?
There are a few things you can do. First, keep track of all probate filings
in the county where your father lived. There are two or three ways to do
that, depending on the technological progress of the county. Call and ask
the court clerk's office how to do it. When you see your father's will
being filed with the court for probate, notify the court in writing that you
want to be on the mailing list for copies of all pleadings, including notice
of all hearings. Notify the executor also.
If no probate is filed within a two or three months, retain an attorney in
the county were your father lived. That attorney will check neighboring
county courts and will make some inquiries to find out whether everything is
being handled through the trust. If there is not going to be a probate
because everything passes through the trust, your attorney will ask for, and
will receive, a copy of the trust instrument.
If everything is not passing through the trust and there is no probate
because the family wants to live in the house and use all other assets
forever, your attorney will file a probate petition requesting that you be
named executor. Your relatives will defeat that petition in one of two
ways. They will either show the court that the estate contains nothing
because everything is in the trust, or they will get one of their own
appointed as executor. Either way, you have started the ball rolling, and
once started, it is easy to keep it rolling until all estate assets have
been distributed properly.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver
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"foad" <ooo@ooo.org> wrote in message news:oFFPj.3489$Mm1.2159@trndny07...
:: " Perry Mason" <nospam@nospam.net> wrote in message
: news:pgCPj.41589$Q52.12031@bignews9.bellsouth.net...
: > Hi, I'm not really "Perry Mason" of course, just wish
: > to remain anonymous for now.
: >
: > My Dad died recently and my relatives haven't been
: > forthcoming with any information about anything.
: > FWIW, they all live in California (as did my Dad).
: >
: > My Dad is survived by his third wife (who has two children)
: > and also my brother and myself. None of them are willing to
: > tell me anything about what is going on, I think perhaps
: > because they are mad at me for not flying out there to
: > see my Dad in his last days, but I couldn't get away to
: > do it for some very valid reasons.
: >
: > Anyway, what I'm hoping to get from this newsgroup is
: > some advice on where do I start or begin to find out what's
: > going on. I live 2 thousand miles away, in another
: > State, which of course complicates matters.
: >
: > I did find out from my brother that there is some kind
: > of Life Insurance trust in which I am named as a beneficiary.
: > He won't send me a copy of it, so I need to know what I can
: > do to obtain a copy of it.
: >
: > Also there's the matter of "Community" and "Separate" property
: > from which I can gather I am entitled to 1/3 of the "Community"
: > and maybe even more of the "Separate".
: >
: > But, I am totally in the dark as to what to do to defend my rights?
: >
: > Any advice will be truly appreciated.
: >
: > Thanks
: > Perry Mason ;-)
::: Very heartwarming story. Couldn't be bothered going to see your father while
: he was dying, but know that he's dead you have "rights" that need protecting
: and property to which you are "entitled." Well bad news greed@$#*inghead.
: You're not entitled to anything. Hopefully your father has a will and you're
: not in it. If you are in it then his executor will execute it. Not a @$#*ing
: thing to do with you there. If when the estate is settled you don't get
: everything you think you're entitled to - including 1/3 of the community
: property and maybe even more of the separate - then you can hire a lawyer
: and sue your family. If he doesn't have a will then your @$#*ed, you'll be
: in court until the day you die, which hopefully will be soon, of some
: horriifying @$#*ing cancer that eats your pancreas and gizzards, and
: hopefully as your dying your kids will have very valid reasons for not
: bothering to visit you.
Thanks for defending me. Here's the "valid reasons" and I guess
it's up to anyone to determine if the reasons were valid enough.
My wife was undergoing treatment for breast cancer at the
time and I couldn't find anyone who could take my place to help
her with our animal shelter. Add to that, my property is in shambles
from hurricane Katrina. I had leaking roofs to repair and animal
containing fences to mend. I did talk
to my Dad a lot on the phone and he understood and didn't
want even want me to come visit him. My relatives on the other hand
wanted me to fly out and see him.
But I don't fly, never have and I never will. My Dad understood this
that if I came to visit it would mean taking a week or more to do it
and he was the one that suggested that it was his wish that I be
relieved of having this extra burden on me. IOW he was satisfied
just to talk to me on the phone.
I loved my Dad. We we're the best of friends.
::::::
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Oops, actually the reply I just posted to "foad" was meant to be a reply
to you.
I actually agree with "foad" and I find the swooping in
of greedy relatives to be a despicable thing when it occurs.
In fact it's hard to even post about the matter for fear
of being perceived to be this kind of person.
However, IMHO someone who seeks what is '"legally entitled"
to them isn't necessarily greedy.
However, someone who seeks *more* than what's legally entitled
to them may well be. But, even then, there might be ethical or
moral issues that go beyond the letter of the law.
But that's for the court of the after-life to determine
Thanks for defending me.
Perry Mason :-)
:: >
: >> Hi, I'm not really "Perry Mason" of course, just wish
: >> to remain anonymous for now.
: >>
: >> My Dad died recently and my relatives haven't been
: >> forthcoming with any information about anything.
: >> FWIW, they all live in California (as did my Dad).
: >>
: >> My Dad is survived by his third wife (who has two children)
: >> and also my brother and myself. None of them are willing to
: >> tell me anything about what is going on, I think perhaps
: >> because they are mad at me for not flying out there to
: >> see my Dad in his last days, but I couldn't get away to
: >> do it for some very valid reasons.
: >>
: >> Anyway, what I'm hoping to get from this newsgroup is
: >> some advice on where do I start or begin to find out what's
: >> going on. I live 2 thousand miles away, in another
: >> State, which of course complicates matters.
: >>
: >> I did find out from my brother that there is some kind
: >> of Life Insurance trust in which I am named as a beneficiary.
: >> He won't send me a copy of it, so I need to know what I can
: >> do to obtain a copy of it.
: >>
: >> Also there's the matter of "Community" and "Separate" property
: >> from which I can gather I am entitled to 1/3 of the "Community"
: >> and maybe even more of the "Separate".
: >>
: >> But, I am totally in the dark as to what to do to defend my rights?
: >>
: >> Any advice will be truly appreciated.
: >>
: >> Thanks
: >> Perry Mason ;-)
: >
: >
: > Very heartwarming story. Couldn't be bothered going to see your father
: > while he was dying, but know that he's dead you have "rights" that
: > need protecting and property to which you are "entitled." Well bad
: > news greed@$#*inghead. You're not entitled to anything. Hopefully your
: > father has a will and you're not in it. If you are in it then his
: > executor will execute it. Not a @$#*ing thing to do with you there. If
: > when the estate is settled you don't get everything you think you're
: > entitled to - including 1/3 of the community property and maybe even
: > more of the separate - then you can hire a lawyer and sue your
: > family. If he doesn't have a will then your @$#*ed, you'll be in court
: > until the day you die, which hopefully will be soon, of some
: > horriifying @$#*ing cancer that eats your pancreas and gizzards, and
: > hopefully as your dying your kids will have very valid reasons for not
: > bothering to visit you.
:: Very heartwarming reply. Couldn't be bothered to find out what the facts
: are, but rode right in on your high horse.
:: Who knows what Perry Mason is entitled to? It certainly doesn't
: necessarily depend on his filial devotion, of which we know almost
: nothing.
:: Once the will is filed for probate, Perry can find out what it says about
: his share of the inheritance. If there's a trust and Perry is a
: beneficiary, then the trustee probably owes him an accounting.
:: *** I am not a lawyer, so this can't be legal advice. ***
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"David L. Martel" <marte005@earthlink.net> wrote in message news:Ve6dnU1GEfQ-tpLVnZ2dnUVZ_qGknZ2d@earthlink.com...
: Perry,
:: Sorry to hear of your loss. You don't mention how long ago your father
: died. If the death was fairly recent then you may wish to give your
: relatives time to deal with their grief before you begin demanding money.
My Dad died a few months ago. I realize that there may be grief issues as
well as other burdens upon my Dad's third wife and my brother. However,
she was about to dump him before he fell ill and my brother is spending
most of his spare time playing online video games and doesn't sound very
grief stricken to me when I talk to him. But who knows, perhaps burying
himself in video games is his way of dealing with the grief.
We're not trailor trash and I always thought we were/are above
petty game playing. I've always let my brother handle things of this
nature since he lived near my Dad.
However when I talk to my brother, it's like pulling teeth to get any
information from him. So apparently I'm going to have to look out for
myself from 2 thousand mile away.
: If the estate is large and a reasonable time has passed you may wish to
: hire a lawyer who lives in the County where your dad resided to represent
: your interests.
It may be large, I don't know since neither my brother or step-mother has
contacted me to tell me anything at all.
What should I consider to be a "reasonable time"?
: If the estate is small then you'll need to keep in touch
: with the Clerk of Court's office to find out when paperwork gets filed
: regarding the estate. The Clerk will send you copies of such public
: documents for a fee. Assuming that there is a will it may already be on file
: with the Clerk.
Ok, I browsed the Clerks office in Santa Cruz County in which they reside
and I see no relevant documents there in their online database. But, I'm
not really sure if their online database has everythng, or if it even would
have probate documents in it.
: Your belief that yiou are entitled to 1/3 of the community property is
: not correct.
:: Good luck,
: Dave M.
:Thanks for the advice. I'm not trying to be greedy as "foad"
seems to think. I'm only trying to determine if under the laws,
I'm entitled to anything and if so
what I must do to protect it. I'm not a lawyer so in order for me
to deal with the situation I must start to edjucate myself right now because
I just don't know whether there are any time constraints upon any
action I must to protect what's mine ( if anything)
Iow, I'd hate to be told, 'well yes you would have been entitled to
this or that *if * you had filed such and such within a certain period, but
since you didn't'
If the laws say I'm not entitled to anything, then that's fine too. At least
I'll have closure and will know where I stand and what to do about
planning for the future..
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"Taylor" <taylor@nospam2me.com> wrote in message news:XqydncuKF8PZ3pLVnZ2dnUVZ_qelnZ2d@comcast.com...
:: " Perry Mason" <nospam@nospam.net> wrote in message
: news:pgCPj.41589$Q52.12031@bignews9.bellsouth.net...
: > Hi, I'm not really "Perry Mason" of course, just wish
: > to remain anonymous for now.
: >
: > My Dad died recently and my relatives haven't been
: > forthcoming with any information about anything.
: > FWIW, they all live in California (as did my Dad).
: >
: > My Dad is survived by his third wife (who has two children)
: > and also my brother and myself. None of them are willing to
: > tell me anything about what is going on, I think perhaps
: > because they are mad at me for not flying out there to
: > see my Dad in his last days, but I couldn't get away to
: > do it for some very valid reasons.
: >
: > Anyway, what I'm hoping to get from this newsgroup is
: > some advice on where do I start or begin to find out what's
: > going on. I live 2 thousand miles away, in another
: > State, which of course complicates matters.
: >
: > I did find out from my brother that there is some kind
: > of Life Insurance trust in which I am named as a beneficiary.
: > He won't send me a copy of it, so I need to know what I can
: > do to obtain a copy of it.
: >
: > Also there's the matter of "Community" and "Separate" property
: > from which I can gather I am entitled to 1/3 of the "Community"
: > and maybe even more of the "Separate".
: >
: > But, I am totally in the dark as to what to do to defend my rights?
: >
: > Any advice will be truly appreciated.
: >
: > Thanks
: > Perry Mason ;-)
: >
: >
:: If you want to contest the distribution of the estate, you must hire a
: probate attorney in the county where your father lived to start a probate
: lawsuit.
Thanks. It may come to that. I prefer to work with all parties involved,
but if I can't bring them to the table, then I guess that is what I'll do.
: I am not your lawyer, and this is not legal advice. This information is
: provided for discussion purposes only in this forum. State and local laws
: may vary. Consult with a local attorney to see how your laws may apply to
: your specific situation.
:
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On Wed, 23 Apr 2008 18:37:26 -0500, " Perry Mason" <nospam@nospam.net>
wrote:
"David L. Martel" <marte005@earthlink.net> wrote in message news:Ve6dnU1GEfQ-tpLVnZ2dnUVZ_qGknZ2d@earthlink.com...
: If the estate is small then you'll need to keep in touch
: with the Clerk of Court's office to find out when paperwork gets filed
: regarding the estate. The Clerk will send you copies of such public
: documents for a fee. Assuming that there is a will it may already be on file
: with the Clerk.
Ok, I browsed the Clerks office in Santa Cruz County in which they reside
and I see no relevant documents there in their online database. But, I'm
not really sure if their online database has everythng, or if it even would
have probate documents in it.
I'm not sure what you mean by the Clerk's office. You should be
looking at the Santa Cruz Superior Court website at
http://www.santacruzcourt.org/.
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"McGyver" <Greyprof@msn.com> wrote in message news:WwMPj.11287$aq4.1714@trnddc02...
: " Perry Mason" <nospam@nospam.net> wrote in message
: news:pgCPj.41589$Q52.12031@bignews9.bellsouth.net...
: > Hi, I'm not really "Perry Mason" of course, just wish
: > to remain anonymous for now.
: >
: > My Dad died recently and my relatives haven't been
: > forthcoming with any information about anything.
: > FWIW, they all live in California (as did my Dad).
: >
: > My Dad is survived by his third wife (who has two children)
: > and also my brother and myself. None of them are willing to
: > tell me anything about what is going on, I think perhaps
: > because they are mad at me for not flying out there to
: > see my Dad in his last days, but I couldn't get away to
: > do it for some very valid reasons.
: >
: > Anyway, what I'm hoping to get from this newsgroup is
: > some advice on where do I start or begin to find out what's
: > going on. I live 2 thousand miles away, in another
: > State, which of course complicates matters.
: >
: > I did find out from my brother that there is some kind
: > of Life Insurance trust in which I am named as a beneficiary.
: > He won't send me a copy of it, so I need to know what I can
: > do to obtain a copy of it.
: >
: > Also there's the matter of "Community" and "Separate" property
: > from which I can gather I am entitled to 1/3 of the "Community"
: > and maybe even more of the "Separate".
: >
: > But, I am totally in the dark as to what to do to defend my rights?
:: There are a few things you can do. First, keep track of all probate filings
: in the county where your father lived. There are two or three ways to do
: that, depending on the technological progress of the county. Call and ask
: the court clerk's office how to do it. When you see your father's will
: being filed with the court for probate, notify the court in writing that you
: want to be on the mailing list for copies of all pleadings, including notice
: of all hearings. Notify the executor also.
I don't even know who the executor is. Nobody has notified me about
anything yet.
: If no probate is filed within a two or three months, retain an attorney in
: the county were your father lived.
Thanks, it's almost been three months now. If I can't get all parties
involved to sit down at the table and discuss things like mature adults,
how much more time do you think I should give it before taking this
option as a last resort?
: That attorney will check neighboring
: county courts and will make some inquiries to find out whether everything is
: being handled through the trust. If there is not going to be a probate
: because everything passes through the trust, your attorney will ask for, and
: will receive, a copy of the trust instrument.
One neighboring county to where my Dad lived would be Santa Clara
county where my brother lives. Sadly, my Dad's brother was at one time
(before he succumbed to leukemia) the City Attorney there.
If only he were alive today, he would surely be the one handling things.
He was a good man and I would trust him implicitly.
But I guess that's neither here nor there now.
: If everything is not passing through the trust and there is no probate
: because the family wants to live in the house and use all other assets
: forever, your attorney will file a probate petition requesting that you be
: named executor.
Interesting, from what I could ascertain (from one night of internet
research), I was thinking along those lines.
So this brings up the question of whether I should let all parties involved
know that I intend to do so? Or would this just give them more time
to cover their tracks (providing their intentions may not honorable).
: Your relatives will defeat that petition in one of two
: ways. They will either show the court that the estate contains nothing
: because everything is in the trust, or they will get one of their own
: appointed as executor. Either way, you have started the ball rolling, and
: once started, it is easy to keep it rolling until all estate assets have
: been distributed properly.
:: This answer must not be relied on as legal advice for the reasons posted
: here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
:: McGyver
Thanks Mc Gyver. I believe you should be Canonized :-)
Your advice is always so thorough and helpful. I don't know how
you do it, but thanks again.
Friend and colleague,
Perry Mason :-)
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"Bob Stock" <x.x@xxx.com> wrote in message news:s8iv04drn3h1msbbh5h9ku2higm0drh9e9@4ax.com...
: On Wed, 23 Apr 2008 18:37:26 -0500, " Perry Mason" <nospam@nospam.net>
: wrote:
:: >"David L. Martel" <marte005@earthlink.net> wrote in message news:Ve6dnU1GEfQ-tpLVnZ2dnUVZ_qGknZ2d@earthlink.com...
:: >: If the estate is small then you'll need to keep in touch
: >: with the Clerk of Court's office to find out when paperwork gets filed
: >: regarding the estate. The Clerk will send you copies of such public
: >: documents for a fee. Assuming that there is a will it may already be on file
: >: with the Clerk.
: >
: >Ok, I browsed the Clerks office in Santa Cruz County in which they reside
: >and I see no relevant documents there in their online database. But, I'm
: >not really sure if their online database has everythng, or if it even would
: >have probate documents in it.
:: I'm not sure what you mean by the Clerk's office. You should be
: looking at the Santa Cruz Superior Court website at
: http://www.santacruzcourt.org/.
Yes that where I was last night. I found a lot of legal documents entitled
"deeds" and such with my fathers name affixed, but nothing in regards
to probate of a will.
On their online database, there was nothing anymore
recent than anything filed in 2007. My father passed on in 2008.
Thanks
Perry :-)
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my brother is spending
most of his spare time playing online video games and doesn't sound very
grief stricken to me
That's pretty @$#*ing rich coming from someone who was too busy to visit his
dying father and is only all hot and bothered about getting his paws on his
'fair share' of an estate that he evidently was purposefully excluded from
by the testator. Here's a thought. Perhaps your brother - who seems to have
had a close relationship with his father, visiting him regularly, perhaps
even helping to nurse him through his convalescence and fatal illness - has
had time to adjust to his loss. Seems to me that your brother might have had
a difficult time watching his father shrivel up and die. Do you think he
helped change his father's diapers at the end and so forth? We know you
didn't. Couldn't even be bothered to go say goodbye. Why was that again, oh
yeah, you're scared to fly and you couldn't find anyone to feed the dog. And
now you challenge your brother's bona fides. What a @$#*ing mutt. Sounds
like dad made a wise decision in deciding to not leaving you a @$#*ing
penny.
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Perry,
Ok, they're on-line. Call the Clerk's office and find out how to access
probate documents. I'm assuming that there is a will but, as others have
posted, there may be a trust. If there is a trust you'll need to get in
touch with the trustee.
You seem to be in communication with your brother so why not deal with
your questions via e-mail? Ask him for the name of the life insurance
company et c. Or use the post office. Telephones are not a good instrument
for thoughtful communication.
I doubt that you want to become executor of this will since you do not
fly and seem to be very busy with other matters.
Good luck,
Dave M.
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: > Hi, I'm not really "Perry Mason" of course, just wish
: > to remain anonymous for now.
: >
: > My Dad died recently and my relatives haven't been
: > forthcoming with any information about anything.
: > FWIW, they all live in California (as did my Dad).
: >
: > My Dad is survived by his third wife (who has two children)
: > and also my brother and myself. None of them are willing to
: > tell me anything about what is going on, I think perhaps
: > because they are mad at me for not flying out there to
: > see my Dad in his last days, but I couldn't get away to
: > do it for some very valid reasons.
: >
: > Anyway, what I'm hoping to get from this newsgroup is
: > some advice on where do I start or begin to find out what's
: > going on. I live 2 thousand miles away, in another
: > State, which of course complicates matters.
: >
: > I did find out from my brother that there is some kind
: > of Life Insurance trust in which I am named as a beneficiary.
: > He won't send me a copy of it, so I need to know what I can
: > do to obtain a copy of it.
: >
: > Also there's the matter of "Community" and "Separate" property
: > from which I can gather I am entitled to 1/3 of the "Community"
: > and maybe even more of the "Separate".
: >
: > But, I am totally in the dark as to what to do to defend my rights?
:
: There are a few things you can do. First, keep track of all probate
filings
: in the county where your father lived. There are two or three ways to
do
: that, depending on the technological progress of the county. Call and
ask
: the court clerk's office how to do it. When you see your father's will
: being filed with the court for probate, notify the court in writing that
you
: want to be on the mailing list for copies of all pleadings, including
notice
: of all hearings. Notify the executor also.
I don't even know who the executor is. Nobody has notified me about
anything yet.
You said in the other thread that your brother is the executor. But in any
case, all that matters is that when you get your copies of the court
filings, you will see who the executor is.
: If no probate is filed within a two or three months, retain an attorney
in
: the county were your father lived.
Thanks, it's almost been three months now. If I can't get all parties
involved to sit down at the table and discuss things like mature adults,
how much more time do you think I should give it before taking this
option as a last resort?
Retain the attorney now instead of trying to get people to meet with you.
: That attorney will check neighboring
: county courts and will make some inquiries to find out whether
everything is
: being handled through the trust. If there is not going to be a probate
: because everything passes through the trust, your attorney will ask for,
and
: will receive, a copy of the trust instrument.
One neighboring county to where my Dad lived would be Santa Clara
county where my brother lives. Sadly, my Dad's brother was at one time
(before he succumbed to leukemia) the City Attorney there.
If only he were alive today, he would surely be the one handling things.
He was a good man and I would trust him implicitly.
But I guess that's neither here nor there now.
: If everything is not passing through the trust and there is no probate
: because the family wants to live in the house and use all other assets
: forever, your attorney will file a probate petition requesting that you
be
: named executor.
Interesting, from what I could ascertain (from one night of internet
research), I was thinking along those lines.
So this brings up the question of whether I should let all parties
involved
know that I intend to do so? Or would this just give them more time
to cover their tracks (providing their intentions may not honorable).
Just hire the attorney to file the petition and quit dithering about it.
There is no need to notify anyone. Your attorney will take care of
notifying all concerned.
: Your relatives will defeat that petition in one of two
: ways. They will either show the court that the estate contains nothing
: because everything is in the trust, or they will get one of their own
: appointed as executor. Either way, you have started the ball rolling,
and
: once started, it is easy to keep it rolling until all estate assets have
: been distributed properly.
:
: This answer must not be relied on as legal advice for the reasons posted
: here: http://mcgyverdisclaimer.blogspot.com . And I am not your
attorney.
:
: McGyver
Thanks Mc Gyver. I believe you should be Canonized :-)
Your advice is always so thorough and helpful. I don't know how
you do it, but thanks again.
You're welcome.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver
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"David L. Martel" <marte005@earthlink.net> wrote in message news:4KCdndPsEZnLH43VnZ2dnUVZ_h6hnZ2d@earthlink.com...
: Perry,
:: Ok, they're on-line. Call the Clerk's office and find out how to access
: probate documents. I'm assuming that there is a will but, as others have
: posted, there may be a trust. If there is a trust you'll need to get in
: touch with the trustee.
From what my mother tells me there is only the Irrevocable Life Insurance
Trust of which AFAIKT my brother is the executor, or maybe trustee?
I really don't know. My brother simply won't give me the details.
: You seem to be in communication with your brother so why not deal with
: your questions via e-mail?
Actually, we're not. That's the problem in a nutshell.
Communication with him has broken down.
Well it's a long story. Here goes;
When my Dad fell ill, my step mother applied to be the conservator
of his estate. As a result, copies of the application were mailed to me.
I noticed on the paperwork that there were three conservator types
"Full", "Temporay" and "Limited" I telephoned my brother to ask him
why she had applied for a *full* conservatorship when she had an
option to choose *temporary* or l*imited*.
Well, he didn't know but, he warnd me not to approach my stepmother
and ask her about it because he thought it might make her mad at me
for asking.
Well, that is exactly why I was asking *him* and *not* her.
After I talked to my brother I did some research and discovered
that a "Full" conservatorship does indeed actually have fair limitations
imposed. And, after understanding what a full conservatorship is a
a little better, I concluded that her choice was just fine and that the
matter of her choice was more or less a non-issue.
I simply dropped it and never thought about it again.
Then one day, I was talking to my Dad on the phone when she
(out of the blue) chimed in "why did you question my application for
conservatorship?" She would always put my conversations with my
dad on the speaker phone because supposedly, it was hard for
her to hold the phone for him.
Well, imagine my surprise at her asking that question. The only one that
ever even knew I had any questions about the conservatorship was my
brother and he supposedly was so worried about what she might think
about me. Yet the only way she could have ever known about anything
about the matter was through him!
Apparently, he was so worried about what she would think about me,
he just had to go and tell her all about it.
When I confronted him on the matter, he became indignant and
told me to never email or call. IOW, communication with him
went from being cryptic, secretive and minimal, to none at all.
The only way I can get a message
to my brother right now is by using our birth Mother as an
intermediary.
: Ask him for the name of the life insurance
: company et c. Or use the post office. Telephones are not a good instrument
: for thoughtful communication.
Finally, at the request of our birth Mother, he claims
he's going to send me a copy of the Irrevocable Life Insurance Trust
in which I am named. Hopefully this will answer a few questions.
: I doubt that you want to become executor of this will since you do not
: fly and seem to be very busy with other matters.
:: Good luck,
: Dave M.
If it will require an actual physical presence in California then yes,
indeed, that would be very problematic if not downright impossible.
Thanks a lot for taking the time to respond and help me through this.
Perry :-)
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"McGyver" <Greyprof@msn.com> wrote
: You said in the other thread that your brother is the executor. But in any
: case, all that matters is that when you get your copies of the court
: filings, you will see who the executor is.
All I do know for sure is that there's *is* a Life Insurance Trust in which
I am named and my brother has possesion of.
I'm not really sure exactly what he is. Whether he's the executor or whether
he's the trustee, I'm not really sure.
The only thing I know about it is whatever he chooses to tell me about it
and that's not much. I only know that he's the person that knows everything
there is to know about it. Unfortunately he won't tell me anything more.
However, he's supposedly sending me some copies, after a good
deal of arm twisting and (in a nutshell) telling mommy on him :-)
: Just hire the attorney to file the petition and quit dithering about it.
: There is no need to notify anyone. Your attorney will take care of
: notifying all concerned.
Ok. I hate to pester with more questions, but according to my birth
mother, my dad had told her that my stepmother got him to affix
her name to almost everything that could be considered to be separate
property thereby converting it to community property.
So it this turns out to be true and there should it turn out that there's
nothing legally coming to me apart from the Life Insurance trust,
will I have to pay the attorney out of my own pocket ?
Or will the attorney take this case on contingency?
BTW, I have indeed already started to research the names of atty's
in that area.
Thanks again,
Your advice most appreciated and only wish there was some way
to return the favor. I even went to your Blogspace to see if you
had a paypal donation link :-)
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"McGyver" <Greyprof@msn.com> wrote
: You said in the other thread that your brother is the executor. But in
any
: case, all that matters is that when you get your copies of the court
: filings, you will see who the executor is.
All I do know for sure is that there's *is* a Life Insurance Trust in
which
I am named and my brother has possesion of.
I'm not really sure exactly what he is. Whether he's the executor or
whether
he's the trustee, I'm not really sure.
The only thing I know about it is whatever he chooses to tell me about it
and that's not much. I only know that he's the person that knows
everything
there is to know about it. Unfortunately he won't tell me anything more.
However, he's supposedly sending me some copies, after a good
deal of arm twisting and (in a nutshell) telling mommy on him :-)
: Just hire the attorney to file the petition and quit dithering about it.
: There is no need to notify anyone. Your attorney will take care of
: notifying all concerned.
Ok. I hate to pester with more questions, but according to my birth
mother, my dad had told her that my stepmother got him to affix
her name to almost everything that could be considered to be separate
property thereby converting it to community property.
So it this turns out to be true and there should it turn out that there's
nothing legally coming to me apart from the Life Insurance trust,
will I have to pay the attorney out of my own pocket ?
Or will the attorney take this case on contingency?
The attorney will not take this case on a contingency basis. The attorney's
fees come from you, in advance. Then if the attorney ends up being the
attorney for the estate, the estate will pay the attorney and you will be
refunded your advance payment.
....
Thanks again,
Your advice most appreciated and only wish there was some way
to return the favor. I even went to your Blogspace to see if you
had a paypal donation link :-)
Thanks, PM. Let me know when you become a billionaire and we will work
something out.
This answer must not be relied on as legal advice for the reasons posted
here: http://davidphipps.com/docs/Disclaimer.doc . And I am not your
attorney.
McGyver
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