Legal Question in Wills and Trusts in California

intestate succession

My aunt for whom I have been conservator as well as sole caregiver for over six years recently deceased intestate.

She suffered from mental illness but was able to live "independently" with my support. I took care of all of her financial affairs, provided support for medical needs, and managed her home (shopping, cleaning, etc.). She was widowed and her only son died in 1981.

My parents who died in 1992 and I had collaborated in caring for my aunt since the death of her husband in 1984. According to California's succession law, her surviving brothers seem to be in line to receive the proceeds from her estate. They have not been involved at all in her care, nor have they ever offered to assist. They live in Ohio and Kentucky.

My question is, do I have any legal rights to challenge the probate code in regards to succession?


Asked on 3/16/98, 4:28 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

The answer, in a word,

is No.

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Answered on 3/19/98, 11:30 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Able to challenge intestate succession?

Your question is a frequent one, but unfortunately, providing care and support do not overcome intestate succession laws, nor will it overcome will/trust provisions.

However, if your aunt promised you an inheritance in return for taking care of her, and this can be proven, you may receive the promised inheritance under a form of contract law. If this may describe your situation, see an attorney immediately, as the time to make claims against the estate is very limited.

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Answered on 3/19/98, 1:09 pm


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