Q: Step-father died. No will. Sister filed a notice of petition to administer estate. I wasn't notified. Can I fight it?
My sister seems to have been granted all his property, money, etc. Do I have a case for challenging this? I'm just as much an heir as she is and wasn't notified of anything. This was 6-8 months ago. I just found out.
A:
Dear Hayward CA:
If you are an intestate heir, then you were entitled to notice and if you did not receive notice you do have recourse under the law.
The question is whether or not you are an heir. You state that the decedent is your step-father and this complicates matters a bit.
Generally, people inherit under intestacy (no will or trust) through their blood line, or through their adoptive parents. A step father / step son relationship without an adoption does not in and of itself create an right to a share of an intestate estate.
But, the intestate succession rules are tricky, particularly if a person does not have any children or other linear decedents. And there are some exceptions that allow a person to inherit in the right circumstances under either the doctrine of equitable adoption or it's companion provisions in the Probate Code.
The exact nature of your rights as an heir, if any, is quite fact dependent.
I recommend that you seek a consultation with a qualified attorney who knows the right questions to ask to get you an answer based on you actual situation. If you do not know where to find an attorney, you can try your local county bar association. Most county bar associations run attorney referral services where, for a low or no fee, you get a consultation with an attorney. (In my home county of Contra Costa it is $35.00 for a 30 minute consultation.)
Best of luck.
Gerald Barry Dorfman agrees with this answer
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