Q: Hello, my sister recently passed away. She was married but bore no children of her own. She did have two step sons that
she helped raise. I am trying to find out if she had a will. My question is this...does her part of her "estate" automatically go to her husband with or without a will? She had mentioned to me that she had intended to leave her "half" of her property to my children "her only niece and nephew." I live in California. Can you shed some light on the law relating to this scenario? Would it be worth my while to hire an attorney? Thanks.
Thanks for your response. She is survived by her mother. How can I get a hold of her will if she indeed had one? Her husband (my brother in law) is being evasive and not responding to our questions regarding a will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (931) 250-8585
- View Profile
- Answered
A: If she had a will, then her will governs. If she had no will then her living parent(s) inherit half of her separate property and her spouse gets the rest. If her parents are both deceased, then her siblings inherit half of her separate property and her spouse gets the rest. You should hire a probate attorney to help you sort this out. The attorney's fees are paid out of the estate.
Jeffrey Louis Gaffney agrees with this answer
1 user found this answer helpful
A:
If there is a Will then it has to be submitted to the Probate Court; it is a crime to hide one or destroy it (though probably impossible to prove that).
Contact the Probate Court for thee County where she lived and see if a Probate case has been opened. If there has, then you can view the Will -- it is a public document. If not, then you might consider petitioning the Probate Court for you to administer the estate; I am sure her husband would object but it would get him to move on this.
A: I agree with Nina, except you have to distinguish what was her separate property from her community property in California. Separate property passes as Nina says, but her half of the community property passes entirely to her spouse without a Will.
A: Please refer to: https://www.sweeneyprobatelaw.com/Articles/My-Spouse-or-Registered-Domestic-Partner-Left-Me-Property-What-Should-I-Do.shtml
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
