Legal Question in Wills and Trusts in Oregon

Re: Probate Law

If this is a California estate, the only time property "escheats" to the state is when heirs cannot be located. If the stepfather has a will, all of the assets would go to whomever he names as his heirs under his will (unless the mother put the money in a "trust" and the trust included directions on what happens to the remainder after the stepfather's death).

If the stepfather doesn't have a will, then there is a possibility that a portion of the assets might go back to the mother's children. There is a specific probate code provision on this. It's too complicated to discuss here, as it has different rules depending on how long the stepfather survives the mother.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.