Legal Question in Wills and Trusts in California
Inheritance of grandmom's
My grandmother passed away last month. She had three children, a deceased son, my deceased mother and a living son. She left a house. There was no will. Do my sister and I (on my mom's behalf)have any right to her house or is my living uncle the only heir?
2 Answers from Attorneys
Re: Inheritance of grandmom's
You have a right to a portion of the house. You and your sister take your mother's share.
Re: Inheritance of grandmom's
Probate Code 6400 et seq. provides the laws of intestate succession. It permits the "issue of a deceased child" to take the share of a deceased child. "Issue" are the children. If the deceased son has no issue, his inheritance lapses and the estate of grandmother is divided equally between her surviving child (i.e. 1/2) and the issue of your mom (i.e. 1/2). The house will have to be probated and anyone interested in the estate can apply for letters appointing that person as the personal representative of the estate. Make sure you participate and protect your rights.
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