Barstow, CA asked in Estate Planning for California

Q: deceased brother made a will giving property to our parents when he was single and passed away leaving one child

who has the rights for the property, no other will had been executed.

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3 Lawyer Answers
Sally Bergman
Sally Bergman
Answered
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: The child has the right to inherit. The child's legal guardian (I'm assuming the child is a minor) should contact a probate attorney.

Gerald Barry Dorfman agrees with this answer

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: If he left the child out of the will completely (not mentioning the child at all), the child is likely entitled to inherit what would have been the child's share if there was no will at all. The child in this situation is referred to as a "pretermitted heir".

Genene N. Dunn
Genene N. Dunn
PREMIUM
Answered
  • Estate Planning Lawyer
  • Tustin, CA
  • Licensed in California

A: This is a bit complicated as it depends when exactly the will was signed and when the child was born. It seems as though the will was signed before the child was born, which means the child does have rights to inherited as he/she should be considered an omitted child. However, if the will has been presented with a probate there will have to additional items filed to show the child's interest.

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