Legal Question in Wills and Trusts in California

What if no will or living trust on a millioneer

My father died when I was 17 in 1999. I have found he has no will or living estate. He was a millioneer. Should I have been notified of a probate or did one have to be opened? I was never contacted on anything. I think I should have beed entitled to something to at least get me through college.


Asked on 4/23/03, 12:28 am

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: What if no will or living trust on a millioneer

You should have received notice if there were any "probate-able" assets--usually this means assets in his name alone and totaling more than $100,000 in value.

There's a possibility there weren't such assets in the estate, as the following are among those not requiring probate or notice: assets held in joint tenancy, community property assets (held with his wife), or assets with beneficiaries designated by contract (life insurance and retirement plans).

If he owned real estate, a title search would at least determine the ownership status of those assets.

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Answered on 4/23/03, 12:39 pm

Re: What if no will or living trust on a millioneer

Your first step will be to investigate what has been going on with your father's assets. If he was a "millionaire" that means there was property that he owned. Who has had use of the property? What have they been doing? Have you changed your address so that notices would have been sent but that you simply did not receive them?

You need to have a more in-depth conversation with an attorney about the background and facts involved.

You need to let the attorney know whether your father was married at the time or divorced or widowed. Did your father have any other children, etc.

I would be happy to speak with you about this matter.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS (R)

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.donnerlaw.com

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Answered on 4/23/03, 8:43 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: What if no will or living trust on a millioneer

if your father died without a will, his estate should have passed thru a legal concept known as "intestate succession", which is how california state law decides how to distribute property absent a will or trust. from the facts given thus far, you, as a lineal blood heir of your father should be entitled to a great portion of this million dollar estate. however, if you have other siblings or your father was married at the time of his death, your inheritance could be limited. if you can email me more facts regarding your father's estate, if he was married, and/or if you have siblings, i can further assist you and/or represent you in this matter legally.

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Answered on 4/23/03, 12:52 am


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