Legal Question in Wills and Trusts in California

StepSons and Adoptive Daughters

Ok SO my husbands family is going through a huge ugly mess! My husband was the step son of his father who just recently passed away, his step sisters (who were adopted by another man at age 18) are trying to push my husband out of the probate money. Now my question is, if his sisters were adopted by their step father at age 18 do they really have any rights to the money from the probate property? Also, is there anyway my husband can get rights to his portion of the money? There was no will, hence the probate. Or is there anyway that my husbands mother can keep his greedy step sisters (who technically are not their daughters due to the adoptions) out from getting any money?


Asked on 3/22/08, 10:58 pm

3 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: StepSons and Adoptive Daughters

the court will decide who gets what. if your husband disagrees with the final report, he should file an objection.

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Answered on 3/24/08, 11:02 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: StepSons and Adoptive Daughters

Wills are probated too.

Without a will, the wife and children of the decedent inherit. They must be legal children. Not stepchildren. If there are no children, it is the wife and parents that inherit. If no parents, just the wife.

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Answered on 3/23/08, 1:22 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: StepSons and Adoptive Daughters

Wills are probated too.

Without a will, the wife and children of the decedent inherit. They must be legal children. Not stepchildren. If there are no children, it is the wife and parents that inherit. If no parents, just the wife.

Read more
Answered on 3/23/08, 1:22 am


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