Legal Question in Wills and Trusts in California

Deceased Father / No Notification

I recently was informed my biological father passed away almost 1 year ago from my aunt who was also just informed. His second wife kept him (of course his fault also) from his family. Do I have any right to contest the will? Should I have been notified when he passed as his only child? Is there a time limit?

Thank you in advance.


Asked on 3/12/08, 12:00 pm

4 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: Deceased Father / No Notification

Did the estate go through probate? Check to see if a will has been lodged or probate initiated in the Court's of the County where your Father was deceased. If the estate was probated and no reasonable attempt was made to contact you, then you do have a potential claim. That being said, your Father had the right to disinherit you, and depending on how his will and trust was set up... he could have effectively done so.

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Answered on 3/12/08, 12:08 pm

Re: Deceased Father / No Notification

It depends. You are going to have to give more information. You said that this was your biological father. Were you adopted by another father? If so, then your bio-dad's relationship was probably severed.

It will also depend upon the content of his will, if he had one.

Additionally, was there a probate set up? Did your bio-dad have a trust?

Did you receive notification of the trust or probate or will?

You really should have a sit-down consultation with a local attorney.

I am in Westlake Village if you want to discuss it.

Caleb

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Answered on 3/12/08, 1:42 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Deceased Father / No Notification

You were required to be notified unless your whereabouts was unknown, in which case the publication constitutes constructive notice. You may have rights, I don't know. Is there a will? Does the will attempt to disinherit you? What assets were in his estate? You have to get a copy of the probate file to answer these and other questions. If you make no effort to protect your legal rights, no one will make them for you.

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Answered on 3/12/08, 2:26 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Deceased Father / No Notification

you should have been notified. how do you know he had a will?

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Answered on 3/12/08, 10:02 pm


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