Asked in Probate for California

Q: My biological mom passed away, am I considered her heir? We have reconnected,

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2 Lawyer Answers

A: Certainly you would be entitled to notice in her probate matter. Whether or not you receive anything from her estate would depend on if she had a will or trust, if she was married, and if she was married, whether her property was community property or separate property.

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A: I noticed that you used the term "biological mom." To me this means one of two things, you were legally adopted or you were not adopted but did not consider you biological mom to be your mother for other reasons.

California law generally provides that a person's intestate heirs (where a person died without a will or trust) are their children. However, if a child is adopted away from a parent, the law gets a bit confusing. Normally, an adoptive child inherits through their adoptive parents. But there are some exceptions to this rule.

On the other hand, if you were never legally adopted, you would hold the status of an intestate heir.

And of course, regardless of your adoption status, you Mother could decide to include or not include you in her state plan.

I'd consult with an attorney, who can give you a better idea of where you stand based on the exact facts of your situation. If you do not know where to find an attorney, you can try you local county bar association attorney referral service. Local county bar associations provide referrals to attorneys who practice in your area of need and will give you a free or low cost consultation.

Gerald Barry Dorfman agrees with this answer

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