Oxnard, CA asked in Estate Planning, Family Law and Probate for California

Q: I'd like to ask a likely complicated, unusual question about a pending probate of my late sister's estate. I'm the adm.

My sister passed intestate in 2015, S.C. County CA. Probate lawyer was hired in early 2016. My brother passed in late 2016. My sister was never married and had no children. Is my adult nephew (brother's son) eligible for 50% of the estate? Sadly we've been a little disappointed with our current lawyer , but we know the end is near. Thank you!! Larry.

2 Lawyer Answers
John B. Palley
John B. Palley
Answered
  • Estate Planning Lawyer
  • Roseville, CA
  • Licensed in California

A: Yes. I would say nephew gets half. Assuming you and your sister were only siblings.

Bill Sweeney and Sally Bergman agree with this answer

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

A: Unfortunately, probate matters, particularly in some busy counties, can take what seems like a very long time to complete. Assuming you and your brother were your deceased's only siblings at the time of your sister's death, and there were no other predeceased siblings, then your later deceased's brother's 50% share would pass to his child/children.

Bill Sweeney agrees with this answer

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