South Pasadena, CA asked in Estate Planning for California

Q: Are my nieces automatically entitled to an equal share of my dads estate?

For personal reasons my dad left my deceased sister and her two surviving adult children off of his will. My surviving sister / executor and I are listed as beneficiaries. A section in the will states (Deceased child with issue then living.) The will was drafted almost a year after my sister had passed. My surviving sister / executor has sided in support of our nieces. My sister also recently notified me that the will was tossed out by the judge and that she was made executor. This cant be true because I have not been notified of a preceding and there is not a case number. All I know is that i am being ill informed and that she has not petitioned probate court. The end of march will be 90 days since my dad has passed.

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2 Lawyer Answers

Elroy Schneider

  • Estate Planning Lawyer
  • Oxnard, CA
  • Licensed in California

A: We would have to review the Will and correspondence between you and your sister in order to provide an opinion. We would also want to know the nature of the estate’s assets. If there is any real property that was just in the name of the decedent, there will have to be a probate.

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in California

A: You can file a probate action if that wasn't done yet. See:

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