Legal Question in Wills and Trusts in California

My father lived in Apple Valley, CA. He passed away in 2002. His wife, my stepmother, passed away in 11/08. There are no other children besides my brother and me. Are we entitled to a portion of the estate? I do not know if there was a will or not.


Asked on 11/16/09, 2:59 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Maybe. If your father left his entire estate to his wife and she had a will leaving it to her heirs, then probably not. If there was no will by either your father or your step-mother then you and your brother may be allowed to inherit through what is called "intestate succession" (which are rules on how to distribute property when womeone dies without a will). To sort this out will require reviewing how assets were held and, of course, determining whether any will or trust was set up. Real property is easiest to check, because deeds are recorded. Bank accounts and other assets may be harder to track down. I recommend that you sist down with a lawyer to go through this in more detail.

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Answered on 11/22/09, 9:58 am


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