San Bernardino, CA asked in Probate for California

Q: Does blood relative children get more than step children in a private house sale

What I meant was do blood relative children get more in a probate sale than step children do. Becauae right now we are going thru that and our probate lawyer for some reason doesn't want to tell the judge that my wife ia the only blood relative of both deceased the others are from my mother in laws previous realtionships

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3 Lawyer Answers
John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: Assuming a person dies with no will or trust their property would go to their own kids (including adopted kids) but generallly nothing to step kids.

Bill Sweeney
Bill Sweeney
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: Whether a stepchild can claim intestate inheritance depends entirely on particular facts and appliicable law. For guidance, please refer to the following article: https://corporate.findlaw.com/law-library/families-in-transition-california-continues-to-grapple-with-the.html.

David L. Crockett
PREMIUM
David L. Crockett
Answered
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: There are no special rules about who gets what out of a probate sale. The proceeds of the probate sale go into the probate bank account which should be handled by the estate executor. The job of the probate Judge and probate case is to decide who gets what. That is based upon what the will says or if there is no will then according to the laws of intestate succession. I cannot tell from the information which you provided here what the situation is. Your probate lawyer should be able to write you a letter telling you what his opinion is as to who gets what amount out of the probate. If you ever have any questions for your lawyer you should ask them in writing via a letter (not email) and ask for a letter in return with his/her opinion. If you are not satisfied with your lawyer's answer to your questions then you can always change lawyers.

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