Legal Question in Wills and Trusts in California

Unclaimed Estate

My husband was left an estate in 1998. I filed a lein on it for unpaid child support..in the amount of 40,000+. The lawyer I contacted on the internet has done nothing to help me. he did send a letter to notify him of the amount of child support he owed me. I have notified him of my ex husbands death and sent him a copy of the death certificate. I have yet to hear from him. My ex husband died in June 2002. I have two adult sons ,how do they go about claiming the estate? Any help you can give us would be appreciated.


Asked on 8/28/02, 12:08 am

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Unclaimed Estate

First, you probably have a claim against his estate for the child support due, which must be filed within four months after probate is filed, and no later than one year after his death.

If probate hasn't been filed, and there is no executor nominated in the will or there is no will, your sons may want to start the probate process by filing--this is needed to begin the inheritance process for most assets (except life insurance, annuities and retirement plans with named beneficiaries, among others). They should contact an attorney to see what's needed to begin.

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Answered on 8/28/02, 2:05 am
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: Unclaimed Estate

Thank you for your inquiry. You should take the proper steps in order to make a claim against the estate or commence proceedings to have probate started. If your husband died in Northern California and you need assistance, please do not hesitate to contact me.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.Estate-Planning-Pages.com

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Answered on 8/28/02, 2:00 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Unclaimed Estate

Contact Chris Johnson-Martin

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Answered on 8/29/02, 6:52 pm


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