Legal Question in Wills and Trusts in California
my dad had died of terminal cancer 5 year battle 1996
my dad struggled but lived a extra 5 yrs until his death from cancer 1n 1996 he was survived by his wife, my stepmother and their 2 daughters my 1/2 sisters i never recieved notice or a will etc. But his estate was a fairly large home in apple vally ca. that was paid off and sold by my stepmom bout 2004 neighbors said a nice profit was made. Q. he had to have a will he had 5 yr notice of death stepmonster? I have to know the truth $ or not ? do i start
1 Answer from Attorneys
Re: my dad had died of terminal cancer 5 year battle 1996
many individuals do not have wills. the real property may have been held in joint tenancy with his wife or as community property, in which case it would be hers at his death.
you can check the county real property records to determine the ownership before and after his death. you can check with the superior court in the county in which he died to determine whether or not a probate was opened. if you know the name of his attorney you can check to see if he made a will.
if he did not have a will and the real property was not held in joint tenancy or as community property with his wife, it is possible others are entitled to part of his estate.
see:
http://caselaw.lp.findlaw.com/cacodes/prob.html
go to sections 6400 through 6414
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