Legal Question in Wills and Trusts in California

Do we have to file a successorship for my brother's estate? He passed away 6/17/10, and has a 9 year old boy. Before he passed, he filed for divorce and we later learned his e"estranged" wife, never divorced her first husband, making her marriage to my brother invalid. We did open probate, and the court is in possession of her orginal marriage certificate showing the validity. We were told to file an amendment, and now wondering if we should have filed the successorship?


Asked on 5/30/11, 12:00 pm

1 Answer from Attorneys
Kurt Seidler Law Offices of Kurt A. Seidler APC

If your brother had no other children his son inherits his entire estate and his bigamous wife gets nothing. Your nephew will need a guardianship for the estate and you can act in that capacity. You need to contact a probate attorney to take care of all of this for you.

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Answered on 5/30/11, 3:39 pm


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