Legal Question in Wills and Trusts in California
if there is no will and a child was born under mis conception in other words my brother didn't want a kid but she had him anyway and ended up paying child support with no relationship to my brother not even the same last name does that make him automaticly the heir to my brothers estate or can I protest it by filing probate
petition I don't want to spent $500.00 just to find out I have no chance plus he doesn't know what to do (the process) and I've offered to help but he won't get back to me and the bills just keep getting bigger please let me know what I can do because I can't get to his paper work --the so called son has the key's.
2 Answers from Attorneys
That does make him automatically the heir. If your brother didn't want the child to inherit his estate he should have made a will specifically disinheriting the child.
As for the rest of your question, I can't make any sense of it. Who doesn't know what to do? Who won't get back to you? What bills keep getting bigger? Whose paperwork? You will have to lay all that out clearly in a new question if you want further answers.
Yes, if the child is your brothers biological child, that child is your brothers heir.
The child should consult with an attorney on how to probate your brothers estate. You have no obligation to intervene or pay your brother's bills, unless, of course, you are a co-debtor.
If you want additional information, I encourage you to give me a call to discuss further at (925) 406-4581.
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