Sausalito, CA Estate Planning Law Firms & Lawyers

A Living Will deals only with medical treatment. If you are speaking of a Last Will and Testament, if it is not signed, then your father's estate would be handled as "intestate." That means that if his account is in your father's name alone, then his "heirs" would be entitled to the account. A probate estate would need to be opened and a Personal Representative appointed, unless all of the assets are worth less than $22K.

If your mother died without a will, then the property would have to be probated in order to transfer and all of the children of your mother would need to be notified and listed as the next of kin. If your mother had a will and listed him as executor, he would still need to notify you of the proceedings. You can check the probate court in the county your mother died to see if an estate has been opened. Depending on the county, you may even be able to check this online. You can also seek representation since you live out of state to make sure your interests are protected.