Legal Question in Wills and Trusts in California
Step-grandmother with no children dies
My step-grandmother passed away about 7 months ago in Menlo Park, California. My grandfather had died several years ago. My grandfather had 6 grandchildren. My step-grandmother did not have any children (or family) of her own. I don't know if she had a will or not when she passed. I know she owned her home outright and I would really like some of the personal items of my grandfather's. Do I (and my brothers/sisters) have a right to the estate? How should I find out if she had a will and how do I go about finding out what personal items were left?
1 Answer from Attorneys
Re: Step-grandmother with no children dies
Your question depends on whether or not your step-grandmother had a will or trust, or not. If there is no will or trust, then a set of rules called the intestacy laws will apply. These rules can get a bit complicated when dealing with step-parents. To be exactly sure, I would need to sit down with you and go over your family tree. If you like, we can meet at my office in nearby San Mateo and see what you need to do. In addition, you should be aware that if an estate tax return is necessary, it is due 9 months after the date of death. From your post, it appears that date is approaching quickly.