Legal Question in Wills and Trusts in California
does stepdaugther have any claim on mother's belonging's after stepfather's deat
My stepfather passed away in February,2004, and I was not in the will, and I was never adopted. My Stepfather named my half brother executor of the estate, with the estate to be divided between my half brother and my son. My stepfather came into my life when I was 2 years old and married my mother when I was 7 years old, I immediately took his last name until I was 18 years old. My mother passed away in 1998 with no will. Do I have any claim on any of my mother's possession's (family heirloom's, jewelry etc.)?
2 Answers from Attorneys
Re: does stepdaugther have any claim on mother's belonging's after stepfather's
You might have been entitled to a share of your mother's estate at the time of her death.
Re: does stepdaugther have any claim on mother's belonging's after stepfather's
When someone dies without a will and multiple children, the estate generally passes 50% to the surviving spouse and 50% to the children. I assume that your mother never probated an estate. You may be able to probate her estate and try to get your share of the personal property. The best thing to do is simply try and negotiate a resolution.
Good luck.
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