Legal Question in Wills and Trusts in California

Probate - Intestate

1) My Mom died intestate 2007. My brother died 32 years ago, is my brother's 2- children heirs to my Mother's estate?


Asked on 4/07/07, 12:55 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Probate - Intestate

They most likely are, and would take your brother's share, if the assets your mother left will go through probate. Examples of assets passing outside of probate would be those held in joint tenancy, and accounts/retirement accounts/life insurance with named beneficiaries.

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Answered on 4/09/07, 1:54 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Probate - Intestate

see PROBATE CODE SECTION 240 through 249.8 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

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Answered on 4/07/07, 6:58 pm


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