Legal Question in Wills and Trusts in California

My mother was married for 30+ years to her ex who never provided any means of child support for my brother. Does she have any legal standing to his estate now that he's deceased?


Asked on 11/27/11, 2:06 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If she had a valid judgment against him at the time of his death, she can make a claim against the estate if there is still time. If she recorded the judgment with the county recorder, there is a lien on the estate, you will get a phone call from the executor followed by a check. Watch out for short legal time limits.

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Answered on 11/27/11, 4:40 am
George Shers Law Offices of Georges H. Shers

Your brother and you may have a claim if there was no Will as you are his children.

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Answered on 11/27/11, 7:13 am
Anthony Roach Law Office of Anthony A. Roach

Your mother doesn't have any claim, based on the scanty information that you have provided.

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Answered on 11/27/11, 4:48 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

If your mother has a court order for child support, she can make a creditor's claim against your father's estate. Based on your post, I am presuming that your mother's "ex" was not your father. In that case and if your brother's father died without a will, your brother may be entitled to an intestate (without will) share of your father's estate under California Probate law. The proportion share of the estate to which your brother may be entitled to depends on whether the decendent had other children or whether he had other children at the time of his death.

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Answered on 11/28/11, 2:42 pm


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