Legal Question in Wills and Trusts in California

My fathers death.

My father died, he had no current spouse and I am his only child. His brother is trying to take his belongings. He has no will and nothing has been filed in probate. What am I entitled to and how do I go about getting it?


Asked on 4/27/07, 10:45 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: My fathers death.

Sorry to hear of your loss and the family battle over his estate.

From the facts as you present them, you will probably need to begin Probate as soon as possible. Attorney Burton is correct that you, as an only child, should inheret your father's estate.

Please take a moment to learn about the Probate process on our firm's website, No-Probate.com. When you are finished, feel free to contact our office and make an appointment for a free consultation as soon as possible, time is your enemy here.

Scott

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Answered on 5/02/07, 5:49 pm
Jeb Burton The Burton Law Firm

Re: My fathers death.

Based on what you just described, unless there is extenuating circumstances, you most likely are the primary heir to your Father's estate. Assuming you past the age of majority (over 18) you need to find an attorney ASAP and lodge your father's death with the probate court. Your Unlce should not be taking anything without going through the proper procedures. Once again, based on the facts you described, you are most likely the heir to your Father's entire estate.

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Answered on 4/30/07, 12:15 pm


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