Legal Question in Wills and Trusts in California

Our friend's brother just died intestate in LA county. He had 2 sons who were than adopted by his ex-wife's new husband. Will those boys now inherit? Also, the brother established 2 POD accounts with our friend named on them. Will this $ need to go through probate or be owed back if there are debts of the estate? Thanks Jean


Asked on 9/02/09, 12:07 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Please pass along condolances to your friend and to the departed's sons.

If he died intestate, and was unmarried, then his estate will pass to his issue...his children. If this amount is over $100,000, then a probate will be necessary.

If the accounts were POD as you describe, then he was never the owner of the money so the accounts should pass outside of his estate and outside of probate. Because the money is not part of the estate, there should not be any claims by 3rd parties to any of it.

If you (or your friend) would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 9/02/09, 12:27 pm


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