Can I be sued by by my late fathers wife for money received from a bank account of my late Grand Father?

Question

Okay, here's the deal. My dad passed away last year and his father just passed away. I live in California as did my Grandfather.
My dad's widow is bugging me for money inherited from my Grandfather. She took all of dad's money and now says she is going to sue me because she is entitled to a percentage of my Grandfathers money. Also, the bank wouldn't release the account to her since her tie to my Grandfather was severed once her husband passed. My sister and myself are the only living blood relatives. Can I be sued since she was married to my dad or is she just blowing smoke?
And, by the way, Yes, I did split the money with my sister :).
Thank-you for the time you take to answer this question!!

I'm sorry, I forgot to add this.
There was a will leaving all Grandfathers stuff to Dad. Unfortunately, Dad passed before him and the will was never updated.

Answer 1

1. The inheritance from your grandfather, if it had gone to your father, was separate, and not community, property.

2. The bequest in your grandfather's will failed, because your father predeceased him. There should have been an alternative grantee and the failure to include one may constitute malpractice on the part of the drafter (scrivener), although it is doubtful whether disgrunted heirs have standing (in some states, like New York, they specifically do not). I am not reasearching this point other than to refer you to 2 cases linked below where the issues of privity and unlicensed practice of law are discussed.

3. The bequest having failed, absent information you have not given your grandfather's property passes as in intestacy:

Probate Code § 240. "If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each living member of the nearest generation of issue then living receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue."

(You will find this explained in plain English at: http://www.mbscott.com/intestat.htm )

4. In California "heirs are determined as of the time of death". This excludes the spouse of your deceased father.

Answer 2

If the money -- or anything else -- was specifically left to you by your Grandfather then it is yours. That's the whole point of making a will. She could only have a hope of succeeding in a legal battle if she could show the will is invalid for some reason, such as he was not competent at the time it was made, or she has a legally validated will of a later date which states his intentions differently, or at least some documentation that supports her 'claim'. Sounds like she hasn't, so her saying that she is entitled to 'a percentage' is nonsense in this case. By the way, if a person dies intestate (without a will) then the estate (nett) is automatically equally distributed between the nearest living relatives, with blood relatives and legally adopted ones having equal rights if they share the same relationship to the deceased.

The bank acted quite correctly, because she has no more claim to his money -- there being relatives who have precedence -- than I have.

Can you be sued? Of course. She CAN sue: I can sue you for his money if I want to! But I think that gives you a fair idea of the chances she'd have...

In other words, she can whistle for it. If you do decide to give her anything, and frankly there is no reason why you should feel so obliged, make sure you do it only after seeking a lawyer's advice, who will tell you exactly what wording any letter accompanying it should have, so that no admission of her 'claim' is being made but you are making this payment purely because you choose to.

Regards,

Lenky

Answer 3

Your father's wife has a voracious appetite. Why not consult with a free or pre-paid legal service just to reaffirm your rights and obligations, as your voluntary split with your sister sounds as though you withdrew the money from the account without benefit of the direction of a will.

~If it's within your legal limits~, perhaps assume the posture of "the best defense is a good offense" and let this woman with the insatiable need for more more more, know your boundaries.

As she so casually tosses around threats, ask her what her legal source is to issue these threats? Knowing your rights more fully might empower you with the right to silence her by instigating legal proceedings against her for harassment (or whatever the state of California has legislated for "threats"). BUT KNOW your rights first!

Answer 4

Let her keep puffing away. She is not entitled to ANY of your Granfathers estate, once your father passed away all her ties to him were severed unless they are minor children from her and your fathers marriage. Enjoy what Grandpa left to you and your sister that's what he more than likely meant for you to do when he passed. And my condolences on losing both of them in so short a time.

Answer 5

No she is just blowing smoke. If she is really mean she could take you court but you would win. People in CA are sue happy.

Answer 6

I dont think she has any legal right to that money seeing your grand father left it you. If it was stated in the will that she was to get that money it would have gone to her and not to you. I wouldnt be to worried i think shes using scare tactics to get you to pay her money

Answer 7

She just sounds really greedy.. if her name isn't on the bank account or in the will, then there's nothing she can do. ha! people like that make me sick!