Legal Question in Wills and Trusts in California

signing over legal rights

my baby`s daddy has been a victim of crime which killed him.his parents want to sign over all legal rights of their son over to me but don`t know how to do so.


Asked on 7/16/09, 6:13 pm

2 Answers from Attorneys

Frankie Woo Fiducia Legal

Re: signing over legal rights

You need to contact a probate lawyer to have someone petition the court to probate the daddy's estate. Once an administrator is appointed, that person can pursue any legal rights that the deceased may have.

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Answered on 7/16/09, 6:21 pm
Scott Linden Scott H. Linden, Esq.

Re: signing over legal rights

I can only assume that the two of you were not married. I can also only assume that he died without an estate plan of any type (will or trust).

If you had a child with him, then his estate will pass to his issue (his child) and not his parents. Parents will only take intestate succession if there is no issue of the deceased.

Was his estate valued at over $100,000? If so, then you will need to start a Probate. If not, then it can be done in short form.

Additionally, id you are the legal guardian of the child, then you would be in charge of the estate for the benefit of the child.

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

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 7/16/09, 6:38 pm


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