Legal Question in Wills and Trusts in California

Nationwaide Asbestos Poisoning Class Action Lawsuits

Father died in 2000 of asbestos poisoning. I found out that I am a legal biological heir to the claim that was filed by my stepmother who has since died (3/2003). She listed the 3 biological children from her and my fathers marriage. My brother and I were not lised as beneficuaries to the claim. My father had 5 children. Is it against the law for all children of the deceased not to be listed on the claim? Will I be able to collect what is rightfully mine? I am currently in Los Angeles to donate a kidney to my aunt of 70 years old and plan to stay in this area.


Asked on 10/04/03, 1:34 pm

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: Nationwaide Asbestos Poisoning Class Action Lawsuits

If you are a biological child, you were entitled to receive notice of your father's probate. If you did not receive notice, there are procedures to challenge any distribution and re-open probate. You certainly could have a claim, assuming that you father died without a will or trust leaving his property to your step mother. We have lots of experience with these matters and would be happy to review this matter with you at no charge if you contact our office.

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Answered on 10/06/03, 12:23 pm


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