Legal Question in Wills and Trusts in California

Re: Estate Inheritance Rights

If your brother did not have a will, his share will likely be split among his wife and his kids pursuant to intestate succession, which is a fancy lawyer term for "automatic will for those who didn't create one."

If he passed away before the house was sold, his share may have to pass through probate.

Re: Estate Inheritance Rights

I mostly agree with the last answer, however I would add that their are some other complications would could affect how your grandparents house proceeds are divided. Such as if your grandparents house was in a trust and the trust had a survivorship clause which stipulates that to take from the trust the beneficiary must survive for x many months, etc. It is generally advisable to have an attorney handle the probate or trust administration of an individual. Such an attorney will know all the facts and be able to provide you a better answer.

Re: Estate Inheritance Rights

You still get your 50% and the current wife and kids will divide the rest. There may also be a need for Probate, as stated by the other attorneys. If you would like to learn a little more about Probate and how to avoid it with a Trust, please feel free to learn a little on our firm's site at No-Probate.com.

If you need any additional assistance, I can be reached through our firm's site or at the number and address provided by LawGuru.

Warmest Regards,

Scott