Legal Question in Wills and Trusts in California
a minor child father dies leaving property-no will
A father dies intestate leaving a minor child, (not by a marriage.) The parent of the deceased takes his name off all deeds not leaving any property to the minor child, this is done after his death. What can be filed in court? The property is located in 2 states, one is California.
2 Answers from Attorneys
Re: a minor child father dies leaving property-no will
It all depends how deceased parents took his name off. Was property held as joint tenancy between deceased and his parents. I would recommend showing documentation to the attorney and than figure out what needs to be done. If it was not done properly, filing petition for probate is the answer. I would recommend you to see an attorney right away and see how minor's rights could be protected.
Re: a minor child father dies leaving property-no will
The answer depends on how the property was held--if it was in joint tenancy with someone else, that someone else is automatically entitled to the joint tenancy property because he/she survived the deceased. If the property was held some other way, or in the deceased's name alone, and he died without a will, then his son is likely entitled to at least a share of the property.
Have an attorney review the property deeds and any court records right away to determine what the son's legal rights are.
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