Legal Question in Wills and Trusts in California
My mother recently passed away without a will, I recieved a letter from my step fathers attorney has sent me a nomination of waiver to sign giving full authority over the estate to my stepfather.
Q- do I have an legal rights to any of the estate
2 Answers from Attorneys
Unless there are some special circumstances, none of which you letter hints at, the law is that without a Will the person's assets pass to their spouse. That applies to both community and separate property. It does not matter if he is your step-father or biological father.
I would first ask for a copy of any relevant documents, including a list of assets, whether there was a Will or trust, an estimate of the value of the estate, agreement to notify you of every significant step, permission to arrange to get items of limited value that you want to remme your mother, whether the mater wil go to probate [must if assets worth more than $100,000],etc. Since your step father wil be appointed administrator of the estate, there is no purpose to offend him.
I concur with attorney Shers, but I do find it odd that he took the time to have his attorney send you this release. He probably is trying to get some form of concrete evidence in case you try to make any claim against her estate.
I suggest having an attorney review what you received and contact the other attorney to find out what purpose and/or documentation may exist.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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If i die without a will, who gets my assets, my wife or adult son Asked 10/26/09, 12:41 pm in United States California Probate, Trusts, Wills & Estates