Legal Question in Wills and Trusts in California

My father died & he has other children that lied to funeral home & said he only had 3 kids & did not name me as his child & cremated him without me & gave me no remains.one of the siblings listed there self as executor but is lying to me about everything & saying there is no will & is not filing it to probate court & went to my dads house and took all his property & i believe property my dad wanted me to have has not been given to me & the sibling will not because they hate me & don't know what to do or how to locate documents.My dad took a paternity test & I can prove that is my father can they just leave me out of everything.


Asked on 4/04/20, 2:03 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

I'm sorry for your loss. If there is no will and your father acknowledged you as his child, you might be entitled to a share of his estate (assuming no surviving spouse.) But if the estate is so small that it is not necessary to probate it, it may not be worth pursuing. If the reason the estate is not being probated is because there is a living trust (did your dad own his home?) heirs at law are entitled to request a copy of it even if they are not beneficiaries. Ask the one who says s/he is "executor" if they have a lawyer, and make the request in writing (to the attorney if there is one.)

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Answered on 4/04/20, 2:27 pm


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