Legal Question in Wills and Trusts in California

my wifes grand father died without a will (california). he had three children one of which is deceased and happens to be my wifes mother. my wifes mother had no other children. does my wife have a claim to her grandfathers estate?


Asked on 8/25/10, 4:03 pm

3 Answers from Attorneys

Aaron Feldman Feldman Law Group

That could depend on whether your wife's grandfather had a will and what provisions he made in his will. It also depends on how he held title to bank accounts and other assets. For example, if he had his bank accounts jointly with someone other than your wife's mother, then those accounts would belong to the joint owner of the account and would not be part of any estate even if there was a will. The best thing to do is to meet with a lawyer who can review the specific documents and get more details about the pertinent facts.

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Answered on 8/30/10, 4:13 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Feldman, but I think what you are looking for is what is known as per stirpes representation. In certain situations, your wife would step into her predeceased mother's shoes as to anything left for her mother, or as an heir to her grandfather. You are going to have to find out if there is a will, and consult with an attorney if need be.

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Answered on 8/31/10, 5:15 am

Amazing what idiots some of the lawyers who lurk here are. You SAID there was no will. Unfortunately there is information missing from you question that would need to be understood to provide an answer. Intestate succession is not an easy thing to figure out even with all the facts. First and foremost we'd need to know if your wife's grandmother outlived the grandfather, and if so, if she had any children from a prior or subsequent union. In any case, your wife should talk to an attorney about this.

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Answered on 8/31/10, 5:14 pm


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