Legal Question in Wills and Trusts in California

Children of deceased father

My father died in December and he has a house in California. The house is occupied by his spouse and the estate is in his name only. Do me and my sisters have any recourse to inheritance from his estate? There was no will left.


Asked on 3/23/03, 3:28 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Children of deceased father

based on the facts given so far, it would be in your best interest to find out if this home was your father's separate property or community property to determine what your interest may be in the home. an attorney can help you source the asset. if this home was your father's separate property, you and your sister should have 2/3rd interest in the property. if this was a community property asset, you and your sister may still have an interest therein. if your father died without a will, the shares you and you sister would receive would pass thru a process called intestate succession as governed by the state's distribution plan outlined in sacramento. if you would like further assistance and/or representation in this matter, email me at your earliest convenience more facts in respect to the home, its value, etc...

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Answered on 3/24/03, 7:35 am

Re: Children of deceased father

I think the other attorneys have summed it up well. If you need a probate attorney anywhere in the central valley or nothern California, I am in Sacramento, and would love to help you!

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Answered on 3/24/03, 11:03 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Children of deceased father

If the house was in his name only, and it was his separate property (not community property of his and his spouse's), and no will or trust was left by him, his children are likely entitled to a 2/3 intestate share, which they can claim through a probate. You should speak with a California probate attorney to examine the details and see exactly what your rights are.

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Answered on 3/23/03, 7:02 pm


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