Legal Question in Wills and Trusts in California
How do I File for interception in the Ventura county, California probate court . Father died in CA. intestate 5 yrs left 3 children and step mom died intestate in CA. 1yr. She raised us since I was 5yrs. in the same house but never adopted us due to my mother not allowing for the adoption. She had 2 daughters with my father and they are my half blood sisters. My stepmom died intestate 1yr ago without ever offering my fathers estate to probate court. The assets were valued over $450,000.00 Now her two daughters my half blood sister's have filed and petitioned for full admin of estate and are now administering the estate along with the Attorney they have retained . My self and my 2 siblings never received anything from my fathers estate. We were ignorant about the Law. My half sisters played dumb the whole time after her death and never told us what they were planning on doing.They claim the court will not even acknowledge us as a and heirs & we have no recourse. Our names is not even on the petition filed at the court. We lived as a family in the same house our entire lives and share the same last name, raised by our step mother even before they were conceived.
How can this be? My step mom never worked at a job a day in her life to contribute financially to the paying for the mortgage or any of my Fathers asset's. I need to know what form I file in probate court to intercept in the estate before they close it. Please help me! Time is of the essence. here.
2 Answers from Attorneys
I am sorry, but you are subject to the classical trouble that results from improper estate planning. Since your father left no Will, all of his community property interests would go to his wife. His private property would go 1/3rd to his wife and 2/3rd to his children, but it sounds that they were married a long time so it is unlikely there are any non-community property assets. So probating his estate would likely result in everything going to her, and since she died without a Will everything goes to her natural an adopted children, and you do not fall within either category.
Another issue that frequently occurs where there has been a long term second marriage is that assets may have been held jointly or in joint tenancy. If, for example, a house was held in joint tenancy between your father and step-mother, then she would lawfully get title to the house upon your father's death and then it would pass through her estate, essentially cutting you out. You should consult with an attorney who can review how assets were held and give you specific advice regarding your potential rights.
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