Legal Question in Wills and Trusts in California

My estranged father died recently, he owned property but was married. How do I find out if there was a will or if I am eligible as his heir, to receive money/propery? His new wife refuses to speak to me.


Asked on 3/17/10, 12:16 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

No one has a "right" to inherit anything from anyone, not even their parents. So unless your father prepared a Will or Trust leaving you property you would not be eligible to receive money or property simply by being his child. Further, if the property he owned was held in joint tneancy, then the property would transfer to his new wife outside of any Probate. You may want to see how title was held to the property by checking with the County Recorder. If title was held solely in your father's name then there might be some basis for filing a Probate to determine who would succeed to the property. If you have any further questions, please do not hesitate to contact me.

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Answered on 3/22/10, 12:58 pm
Ken Koenen, LLM Law Office of Ken Koenen

If there was a will, it should have been filed with the Superior Court in the county in which your falther lived. I agree that you should first determine how title to the property was held. One step at a time. If there was property solely in his name, and no will known, then the laws of California could give you a portion of the inheritance through what is known as intestate succession.

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Answered on 3/23/10, 8:51 am


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