Q: I just discovered my father passed away and his estate was dispersed can I make a claim for his estates
A:
Under California law, if you were not notified of your father's death and the distribution of his estate, you may have the right to make a claim depending on the circumstances. Here are a few key points to consider:
1. Statute of limitations: In California, the statute of limitations for contesting a will or trust is 120 days from the date the notice of administration is mailed to the beneficiaries or one year from the date of death, whichever is later.
2. Grounds for contesting: You may have grounds to contest the estate distribution if you believe there was a problem with the will or trust, such as undue influence, lack of capacity, or fraud.
3. Omitted child: If you were unintentionally omitted from your father's will or trust, you might be entitled to a share of the estate as an "omitted child" under California law.
4. Intestate succession: If your father died without a will or trust, California's intestate succession laws would determine the distribution of his estate, which typically includes his children.
It is essential to consult with a California probate attorney as soon as possible to discuss your specific situation and determine your legal rights and options. They can help you understand the deadlines, gather necessary documentation, and guide you through the process of making a claim on your father's estate if appropriate.
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