Legal Question in Wills and Trusts in California
Never married uncle dies with no will
My uncle died. He was never married. He has no will. He has a sizeable estate. He has two surviving sisters but all other siblings are deceased. My father was his brother but is deceased. Will we be entitled to any of his estate?
3 Answers from Attorneys
Re: Never married uncle dies with no will
His estate is divided by statutory rules, known as intestate succession. It can be too confusing to discuss here, but it will require that the estate go through probate. His sisters can file a petition or you can. Call my office, and we can discuss the details.
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Ken Koenen
Re: Never married uncle dies with no will
From the facts you give I would think you and your siblings would be entitled to split your dad's 1/3 of the estate. I would ask the Administrator or their attorney for copies of all Court filings. If you don't receive anything I would go to the probate Court in the county of death and see what is going on. I charge $175 an hour for this type of work if you would like to have me represent you. Good luck.
Re: Never married uncle dies with no will
If he had no children, no will or trust, and his parents are not living, then the estate is divided into shares for his living siblings and those who died but left children (the children take their deceased parent's share). This does not apply to property held in joint tenancy (surviving joint tenants inherit) or property like life insurance or retirement plans with specifically-named beneficiaries.
You can file a petition to probate the estate and to be appointed administrator of the estate, or a petition nominating someone as administrator.
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