Legal Question in Wills and Trusts in California
your site and the opportunity to ask questions is very nice to find. Your professional opinion is highly appreciated! details: a step brother (same mom) has come into our lifes learning of my fathers passing (my mom passed over a year ago). he is claiming he is entitled to his fair share of the estate, is that a true statement? my belief, since my father became the owner of my moms estate and he did not adopt the step brother, the estate is soley his, therefore my sister and I are the only ones entitled to the estate. is this true? unfortunately my dad did not leave a will or trust and the state is under 100k so i believe we do not have to go through the entire probate issue (small estate probate - 40 days after death and complete a one page form which i have)
2 Answers from Attorneys
You should look at the rules on intestacy in Section 6400 et seq of the Probate Code. Hopefully you can resolve this with him as the small amount of the estate makes it difficult to hire a lawyer. Good luck.
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As I read this, I assume the person you refer to as your step brother is your mother's son from a previous marriage or relationship. That makes him your half brother, and gives him right to inherit from your mother's estate. If your father is not his biological father, and did not adopt him, he does not inherit from your father's estate under the laws of intestate succession.
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