Legal Question in Wills and Trusts in California
Descendants Rights
My parents divorced when I was nine years old. My father remarried and we have been estranged for twenty years. He died yesterday and he and his wife own a house. His wife is in poor health. My question is what are mine and my sisters claim on his estate once she were to pass away. They have no children and therefore no known descendants?. Do I file a claim against the property for future disposal of the property how can we protect our selves.
Any response well be appreciated.
Thank you,
2 Answers from Attorneys
Re: Descendants Rights
You MAY have some rights. However, it will depend upon whether there was a will, whether there is a will or was there death without a will. If no will then all property passes by "intestate succession", i.e., the order that the State figures most people want property to go, spouse, then kids, then parents, then siblings.
Re: Descendants Rights
If the property was willed to her or given to her in trust, you do not have rights. Also, if they owned it as joint tenants, you do not have a right to it.
However, if the property was in his name alone, or he was a "tenant-in-common" owner, then you would have a right to part of it.
Also, if he did not have a will, and his wife does not have a will when she dies (within 15 years of his death), you would have a claim to the portion of her estate that is attributable to him (received from him).
You should check the title to the property and speak with an attorney--this will help in determining your rights.
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