Legal Question in Wills and Trusts in California

Re: Rights of child in divorced/deceased father

Let us assume he died without a will or trust in-place. If she uses only living closest heir she would have a right to most of not all of the state. If his parents are alive she still takes precedant and would over most it's not all the rest of the family. If he died with a will elect to somebody else then she has no right to anything, unless the will doesn't mention her and then she becomes what is known as a predermited heir. The will of an individual who passes away must be filed within 30 days of the date of death in the county in which the person resides. If he died with a trust notice must be given. My advice to you is finding attorney in the geographic area if not the county in which he passed away who is specialized in probate and see that attorneys advice immediately. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Rights of child in divorced/deceased father

If he had no will his assets would be split between his children. Thus, if no will, your daughter should get some percentage of his assets. If he is re-married his wife would likely also have a claim. I would check with the probate court in the county he died to see if a probate has been filed. If so, I would contact the attorney and notify her of your interest in the estate. If you need legal representation I charge $175 per hour. Good luck to you!

Re: Rights of child in divorced/deceased father

It will all depend on if he had a will or a trust, if he has mentioned your daughter in the will or trust (either leaving her something or not), if he has remarried, his new wife would have an interest, too.

His will, if there is one, would need to be filed with the Superior Court in the County in which he resided at the time of death. Furthermore, if his assets exceeded $100,000, a probate in that county would need to be opened.

Re: Rights of child in divorced/deceased father

Assuming the following facts, your daughter will have SOLE rights to inherit from the father's estate:

1. There was a recovery from an insurance company, and he was deemed not at fault.

2. She is the only child of your husband.

3. A Guardianship of Estate of your child is established here to pursue her claim.

Do you have any information regarding the accident?

I will be happy to help in this matter.

Mina Sirkin, Esq.

Certified Specialist

Estate Planning, Probate and Trust Law

Brd of Legal Specialization of the

State Bar of California

Re: Rights of child in divorced/deceased father

in a nutshell, your daughter would have inheritance rights thru either a will, a trust, or intestate succession if her father died without drafting one of the aforementioned testamentary documents. however, more research would need to be done on his marital status at the time of this death, as well as his real or personal property assets in order to ascertain what your daughter may be entitled to here under the law, especially if his family is being less than forthcoming in contacting you with any of this information. if your ex had a will, it would need to be filed with the courthouse of his jurisdiction, and if he had assets over $100K a probate of his estate would also need to be opened. however, if he had a trust created, probate could be avoided. if you would like further legal assistance in this matter, email us directly or call us at the number on our website at lawguru for a free phone consultation. we typically can help most and very affordably.

Re: Rights of child in divorced/deceased father

I agree with all the previous statements. If you need help in this matter, please feel free to email. Your daughter has rights, but we need to know more to find out what they are.

Hope everything works out well for you.