Legal Question in Wills and Trusts in California
An aunt related by marriage passed away, and her spouse predeceased her. They had no children, and they both had brothers who are already deceased with no children. She has only one named heir/beneficiary on her will, who is related by marriage. Does a geneology search have to be done to search for long lost kin, or relatives have to be done? Or does the probate move forward according to what the will states? She has the one nephew by marriage as the only heir, who is inheriting her home, and the residue of the state is going to charity.
3 Answers from Attorneys
If the Will is valid and accepted for Probate, then the Will controls the distribution of the assets from the Estate. A search for missing heirs would only be necessary if there was no will or if the will failed to provide for distribution of all of the assets. Blood relatives, even close next of kin, do not have a legal right to inherit from a relative's estate. Presumably a formal Probate proceeding has been started and there should be an attorney for the Estate to make sure that proper procedures are followed (claims paid, etc...) before the Estate can be distributed.
The will controls, and the only way you would inherit is if the will was defective.
Blood does not control where there is a will. I can leave my entire estate to anyone I want and so can you. Only if the Will fails does the issue of intestate succession arise and potential blood relatives matter.
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