Legal Question in Wills and Trusts in California

grandma is selling everything

my ex husband died 3 years ago and left no will. his mom decided to run the show so to speak. well she took my daughter from me but i got her back after fighting for her for two years. Now all the property is being sold but the children don't get anyt of it. since my ex was not married and there was no will aren't the children his heirs and any thing from his estate belong to the children?


Asked on 5/01/05, 11:02 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: grandma is selling everything

Yes, they are the rightful heirs.

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Answered on 5/02/05, 11:36 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: grandma is selling everything

His children are his sole heirs. However, if the assets were held in joint tenancy, or with a beneficiary(ies) designated, those people take priority. You may want to check the court records to see if probate was filed, or if she opened guardianship proceedings. If the assets are in a guardianship, she can sell them, but must use the money for the childrens' benefit.

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Answered on 5/02/05, 12:01 pm


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