Legal Question in Wills and Trusts in California

The answer depends on whether title to any of your father's property had already passed to your stepmother when she died in 2007. If so, and your step-mother was survived by a natural child, then you would not be entitled to anything. If not, meaning title to property was still in your father's name when your mother died, you may be entitled to a share of your father's separate property. Normally, probate may not be necessary if property was held in joint tenancy or passed by trust. You may want to check the Los Angeles County Recorder's Office to look at the title transfer records, e.g. deeds, for any real property your father owned.

Mr. Woo is correct. The answer depends on what the property was, and how it was held with your father's wife at the time of his death. If there is no property left, there is nothing to probate. I would start with looking at the assets and how they were held. Another issue is whether there was a will or not, which you do not address, and whether the property he had could be considered community property. I suggest marshalling some documents such as any wills, trusts, and property deeds on property he owned and sitting down and consulting with a probate attorney.

You need to also realize that the law sees no difference between a child born of the body of his father or mother and an adopted child.