Legal Question in Family Law in California

Can a child of a divorced/deceased father inherit even if he is not included in a will after the father remarried.


Asked on 3/04/11, 6:55 pm

2 Answers from Attorneys

James Goff James R. Goff, Attorney at Law

Depends on whether father died intestate or had a will. If there is no will son is still an heir with new wife. Sometimes if parent holds property (cash or real estate) in a joint account those assets automatically go to the other joint holder and no estate remains to be distributed. Son needs to determine existence of will and whether there are assets to be distributed.

Read more
Answered on 3/05/11, 3:10 pm

The father would have to have prepared a will that used the specific legal terminology necessary to cut a child out of inheritance. Otherwise, the son is an heir. Whether there are any assets in the estate for him to inherit after community property claims of the new wife, etc., is another question.

Read more
Answered on 3/07/11, 12:26 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California