Legal Question in Wills and Trusts in California
My mother died in 2003 and everything went to my Dad as surviving spouse. Her brother died in 2001 leaving no will, spouse or children. Both Mother and her brother received oil royalties inherited from their father. Brother's oil royalties were never transferred to my mother. Now my father has died and we are trying to get the uncles oil royalties transferred to us (children). Are the uncles oil royalties considered an inheritance to my mother that was separate property because they were never comingled? In California.
1 Answer from Attorneys
That sounds right. Had your uncle's estate properly been probated in 2001 your mother would have inherited his estate as separate property, and as long as she did not comingle it with community property, her inheritance from her brother would remain separate property in her estate. They should have been distributed 1/3 to your dad and 2/3 to her children back in 2003.
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