Asked in Probate for California

Q: Father has property and no will and I'm the only child can my uncle claim it

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1 Lawyer Answer

Mr. Robin Mashal

Answered
  • Los Angeles, CA
  • Licensed in California

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If your father is the sole owner of the property, and your father has no estate plan dealing with the property, then your father's estate will need to go through probate. The Probate Court will distribute your father's net estate to his heirs according to the intestate succession laws (Sections 6400-6414 of the California Probate Code). To oversimplify the answer, the order of succession is: decedent's spouse, decedent's children, decedent's parents, decedent's siblings, decedent's grandparents, etc. Be sure to consult your own attorney to protect your legal rights.

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