Legal Question in Wills and Trusts in California
Wills
Can the state take everything away from my friend who just lost his mom and she didn't have a will?
2 Answers from Attorneys
Re: Wills
You have not provided us with enough information. What do you mean the State taking everything away? What is everything, the Mother's estate? What do you mean "taking away"? Did they freeze the assets? Did they use the estate to pay debts/liens/etc? Did they distribute it out to other heirs that might have a stronger claim (such as a husband)?
I am afraid your question is intelligable as it is currently stated.
Re: Wills
Not just because she didn't have a will. If there's no will, state "intestacy" laws determine who inherits. If she was not married, her children will receive her assets in equal shares (with any predeceased children leaving grandchildren taking the deceased child's share).
If the state is a creditor, such as getting reimbursement for Medi-Cal benefits paid, it may be entitled to reimbursement from the mother's estate.