Legal Question in Wills and Trusts in California

Mom and step dad had a 32 year marriage step dad has no children you are your moms only son your mom died now step dad ingnores you are you entitled to inheritence? i am in california.


Asked on 8/23/10, 11:09 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

After 32 years of marriage, everything you mother had, with the possible exception of jewelry bought before the marriage, is going to be community property and her one-half interest in CP will go to her surviving spouse. You would have a right to a portion of her private assets. Politely ask if there was a Will or Trust

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Answered on 8/29/10, 9:08 am

Mr. Shers makes some big assumptions. He is right if, in fact, your mother had no separate property AND she died without a will. If either one of those assumptions is not correct, his answer is wrong. In any case, her estate needs to be probated and these issues determined. If the step father has not opened a probate then you should and ask to be named administrator. That will get his attention.

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Answered on 8/29/10, 5:35 pm


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