Legal Question in Real Estate Law in California

Re: inheritence and beinificary owes back tax

Since this is intestate, the first question is...is this a step-daughter or is there a biological relationship?

If there is no biological relationship and the person did not officially adopt the child, then the only option is for the person to disclaim their inheretence and their share would be divided among the other siblings.

The answer is that in intestate succession, the rules follow the probate code. There could be arguments if he cared for the step-child as his own...how much she was dependant on him as a "father" figure, etc. This is also only an argument and may or may not be accepted by the court, but it may be the only option to effectuate what he is trying to do.

Not sure. Honestly...He should take the share and let the governement get the money they deserve. If he has any rights to argue penalty fees or the costs themselves, then by all means he should do so...but the system is hurting enough already...if he has income coming in and he truly owes it, then he should just pay it. It's found money to him...it shouldn't matter anyway.

Re: inheritence and beinificary owes back tax

No. He can't. He can disavow his gift, which would result in intestacy in the estate going to each of the remaining sibs 1/3 each. Then if the sibs wanted to gift a portion of their inheritances to the brother's step daughter, they could simply make a gift to her, or not. It's up to them. But, he cannot disavow (refuse) the inheritance and also direct where it is to go.