Legal Question in Wills and Trusts in California
half brother and probate
My half brother died without a will. My dad, brother's mom and half sister have hired an attorney. His house was paid for and they say his intentions were that my half sister get the house and everything else goes to her two daughters. His mom and dad agree to give their share to my half sister. Am I entitled to any portion of the house value? I don't know the attorney. I don't know if they even mentioned I exist and they aren't telling me anything other than they are fixing it so my sister and her family can move into the house. I want to remain friends with them but I feel if I mention my concerns they will think I'm in it for the money only. Yet, they are protecting themselves and possibly not even mentioning me. Isn't it fraud if they don't tell the attorney I exist? I don't want to make waves but my brother loved me too. I'm friends with their mom and I getting to know my dad after a long estrangement. I've been close to my half sister all my life but the family has never included me in any inheritances. If I'm not entitled to anything I don't want to make waves but if I am how do I protect myself or will that be done by the attorney they hired?
1 Answer from Attorneys
Re: half brother and probate
If his parents are still living, and he has no children, his parents are his heirs and would be entitled to take the estate. If your father disclaims his share, you may be entitled to a part of it, but if the intention is for your half-sister to receive it, he may just assign his share to her. Because the parents are the heirs, you would not need to receive notice of the probate, but you are still entitled to view the file at the courthouse.
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