Legal Question in Wills and Trusts in California
No Will
My Aunt died and left no will. She never had any children and never married.No living parents, she was 83 years old. My Father (her only brother, no sisters) died two years before her, and he did leave a will. There are 5 neices and nephews. I tried to look at a table of consanguinity but did not understand it. What happens to her estate? Would it go to my fathers estate since he left a will or does it go to the 5 neices and nephews?? Thank you for your help
3 Answers from Attorneys
Re: No Will
I think you are saying the 5 nieces/nephews are you and your siblings. Assuming that is right, you guys share equally. Your dad's will is irrelevant since he died before his sister. You and your siblings each have equal priority to become administrator of the estate. If you need a highly efficient probate attorney please call me!
Re: No Will
It would go to the five nieces and nephews. The estate will need to be probated. Distribution does not happen without probate. Anyone interested inthe estate, you for instance, can file for letters of administration and the attorneys fees will be paid from the estate.
Re: No Will
A Will transfers assets actually owned by the decedent right at the time of death. When your father died, he had none of his sister's assets, so he had nothing to transfer. His Will is irrelevant unless it mentions his sister's assets and states his assets are in trust to be given to X only if his sister does.does not give that heir something. I doubt it does, so your father's Will likely does not matter.that from the person who dies
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