Legal Question in Wills and Trusts in California

Re: Legal rights of stepchild etc.

Step daughter may have no rights, unless formally adopted. You may need to file for a conservatorship for the uncle.

Re: Legal rights of stepchild etc.

Unless formally adopted, the stepdaughter receives nothing without a will. Everything would go to your uncle's heirs at law, which should be you if he had no children. You should be careful, however, that the stepdaughter is not taking him to have a will signed; I often see this situation with demented seniors. You should consider placing your uncle under a conservatorship, which would help prevent new wills and other forms of elder abuse. As for the loan, your father's estate would have the claim. If no one opened an estate for your father, this is another issue you should review with a probate attorney.

Re: Legal rights of stepchild etc.

If there is no will, then the estate will fall under the guidelines of Probate.

Under Probate, there exists a hierarchy of beneficiaries. First are issue of the deceased (the person's children), then the deceased's parents, and so on.

The rules are governed by the California Probate Code, Section 6402. The text of which can be found here:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=4234189360+0+0+0&WAISaction=retrieve

There are additional issues to consider, such as community property and the dimentia itself, (see below), but these aside, if there was no adoption and no natural issue, then it would go to your uncle's parents (your grandparents). If they are no longer alive, then their other issue (your father and any other of his siblings). If they are not alive, then to each of those people's children (you, your brothers and any first cousins).

As far as the money owed to your father by your uncle, additional research as to any documentation will be necessary to show the terms of any agreement.

It appears one of your primary concerns here is the accounting. What stage is your Uncle's dimentia? Is he capable of understanding his estate, his will, his situation? Does he have live-in care? This will be important to Attorney Koenen's response as a Conservatorship may be necessary to protect him if he is unable to make his own decisions as to both medical and economic issues.

As I stated, however, there may be many additional concerns that need further review. Any of a number of issues can completely change the answer.

The response is a bit long and probably not the decisive answer you wanted, but the issues you present are complex and may lead in several different directions depending on facts.

A more in-depth review of some important issues is needed for anything more determinative. In light of this, please feel free to contact me directly at (626) 578-0708 or online at No-Probate.com.

Re: Legal rights of stepchild etc.

You have packed more the fund luminance in last lines that I have seen in a longtime. I don't understand how you or 92-year-old uncle old issuer farther some money and nobody is try to collect it from him. Or, to the omen property together. Is it a dad, is it a partnership, is it alone, what is it. Basically you should go sit in front of the real estate expert lawyer and explained all of the facts, bring every bit of paperwork which helps understand the situation and hear the advice the attorney can give you based upon all of the questions he/she needs to ask you. I have been practicing law in the San Francisco Bay area for over 30 years and if you wish to contact me to let up an appointment you can call me at 925-945-6000.

Re: Legal rights of stepchild etc.

Look into a conservator for your uncle. If you have a cordial relationship with the stepchild, you may want to talk to her and get a better sense of what is going on. If you fear the worst, don't wait; there may be nothing to inherit by anyone when your uncle passes away. If no will it goes by probate to the heirs under California intestate succession. Also, do you have any documentation re any loans between your father and uncle?