Legal Question in Wills and Trusts in California

My Mother and Father died about 4 yrs. ago at the same time. They left a small amount of cash, a few pieces of jewelry, personal & household items, furniture, a car and a house. At the time of death they had 5 living children and 2 deceased. The cash was just enough to pay their bills, the jewelry went to the youngest girl, personal & household items were all donated to Goodwill, the furniture was given to 3 of the children, the car to the youngest son and the house to the oldest son. That was everything. Fast forward.....now, a granddaughter of theirs (daughter of one of the deceased children) wants her share of the estate. The only things left are the furniture, the jewelry, and the house. The house is in total disrepair and my brother (the owner) is completely disabled and unable to move.

What are we, as the children and inheritors of the estate, required to do for this grandchild, if anything, at this time?

Thank you for taking the time with this.


Asked on 8/22/09, 5:24 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Although I'm not a probate attorney, it appears that Probate Code section 6402 provides that the parents' share should be divided by the number of all of the children, alive and deceased (if the deceased child has issue). Then the issue of those who are deceased take their parents' share by representation. Thus, it appears that the granddaughter might be correct that she is entitled to a share (assuming there was no will). YOU SHOULD CONSULT WITH A CALIFORNIA PROBATE ATTORNEY because the house cannot be transferred to your brother without court approval. You might want to value the entire estate as of the time it was first distributed and then pool all of your resources to pay your niece her share. Of course, make sure she signs an air-tight release so there won't be repercussions. You might also consider mediation or have a neutral intermediary help to negotiate a reasonable settlement with her.

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Answered on 8/23/09, 2:13 am


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