Legal Question in Wills and Trusts in California

Died before estate was done going through probate

My grandmother passed away in December05. My father was named in her trust as one of her heirs. My father passed away in April 06 two weeks before the estate was settled. Who is entitle to his share of the estate? My stepmother is going through court to try to obtain his share, but I think it would only be fair to split it between my two brothers, my stepmother and myself. Are my brothers and I entitled to a portion of my grandmothers estate? Also in my dads will there is no mention of how my grandmothers estate should be split should he die before it is settled. Please advise.

Thank You


Asked on 6/19/06, 5:39 pm

1 Answer from Attorneys
Todd Stevenson Stevenson Law Office

Re: Died before estate was done going through probate

The terms of your father's will (and/or trust?) will determine the distribution of his estate, which will include his inheritance from his mother as his separate property, even though that transfer was not effectuated before he died. Your father may have chosen to leave everything to your step-mother, or he may not have. It all depends on the terms of his estate planning documents, to which you should be given access by your step-mother.

You may need an attorney to represent your interests here, especially if your step-mother has already began court proceedings.

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Answered on 6/19/06, 5:57 pm


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