Legal Question in Wills and Trusts in California
Grandfather died no will, during probate mother dies no will
My grandfather (a surviving spouse) passed away without a will in December of 2003. Probate began in March. My grandfather had 5 children, but one (my mother) passed away on June 11, 2004, in Kingman, AZ. Probate is still in effect. Does my mothers husband receive her inheritance, or is it passed to my sister and I. My grandparents didn't even like her husband, it wouldn't be fair for him to receive anything from their estate.
1 Answer from Attorneys
Re: Grandfather died no will, during probate mother dies no will
I hate giving this answer, but...it depends.
It depends on the wording of the will. Was your mother named as receiving as her "separate property"?
Was your mother and stepfather married or ever live in CA? I do not know if AZ is a community property state, but this will have a large bearing on the answer that you seek.
If you want to learn more about Probate and the procedures themselves, please visit our firm's site online at www.No-Probate.com.
If you would likethe name of an Arizona attorney, please let me know and I will send you this information as well.