Legal Question in Wills and Trusts in California

No one is "entitled" to inherit from their parents. If your mother left a will, that would control who would inherit from her Estate. In the absence of a valid will, it gets more complicated because the estate passes under the laws of intestate succession and it is possible from the limited information provided that there could be issues over who is entitled to inherit as a legal heir. Because there is a house in California someone will need to open a Probate in California to sell the property (or to transfer title).

It is not entirely clear what actions were taken by the state in relation to the minor children. It is not unusual for a child to be placed in foster care or in the care of protective services. I do not know how this works in the Australian system.

However, with mother, now deceased, in the state of California, it is likely that the children would still be considered heirs of the deceased mother. This could change if other information comes to light such as the severance of the relationship via a formal adoption processes. Again, you may have some issues in this regard since Australia may or may not have provided an adoption. And, such adoption if it actually took place might not have the same legal affect as one in California.

Long story short, you need to contact an attorney to discuss options and obligations.

Caleb Donner

email: [email protected]

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