Legal Question in Family Law in California

none

My name is--name removed--I am 16 years old and i had just foundt out my father and grandfather had passed away I am on a list on the papers that are able to receive money, which was my grandfathers. but when he passed he left everything to his only son (my father). when my father passed by not having a will everything went to his wife. my grandfather had 776,000 dollars worth of property that all went to her and I missed the hearing at march,18 2008 because the notices were sent to the wrong address. My past 16 years I barley knew my father I met him around 11 years old and lost contact due to him moving around 13. i believe he payed a little child support but wellfare had taken it all. I just need to know if I have a case and if its worth my time. after 16 years I really cant let this go I just need higher opinion to make sure.


Asked on 4/29/08, 2:05 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: none

There are some issues here, but it seems to me, at this point, without any further information, that you might have a case.

If your dad didn't have a will, it would not all go to spouse unless it is all Community Property. This is unlikely because your dad inherited the assets.

Inheritance is SP unless commingled with Community Property or transmutated (I know you don't understand this, but you'll have to trust me for now).

If it was Separate Property and your dad had a spouse and only one child, the child is entitled to 1/2.

There's a good chance of going in and getting any orders set aside and filing a claim as a beneficiary.

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Answered on 4/29/08, 2:50 pm


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