Ashburn, VA asked in Estate Planning and Probate for California

Q: Am I considered a niece/nephew in inheritance succession if my father (who was a nephew) is deceased?

I distant family member passed away, and I've been notified that I am an heir-at-law.

They don't have any living children, parents, or siblings, but there is 1 niece and 1 nephew. Here's the slight difference-my deceased father was also a nephew.

-- Does that make me an equal heir to what my father would have received as a nephew?

-- Is that decision up to the executor?

Also, they have a valid will, but it does not list guidance for all assets - it only lists guidance for a property and specific dollar amounts for a couple of random people (non-heirs).

-- What happens to the rest of the estate?

-- How do I find out what's in the estate? I have a somewhat distant (albeit rocky) relationship with the executor.

This is in California.

Thanks for any help!

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1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Yes, you now stand in the shoes of your father and will receive what whatever he would have received had he lived, which sounds like a full one-third share of the estate. Specific gifts go to specific devisees. You are considered a remainder beneficiary. You will be mailed notice of the date, time and place of any hearing on a petition for probate when one is filed by the executor. Within 120 days after the appointment of the executor, you will know what’s in the estate after an inventory has been filed with the court.

Nina Whitehurst agrees with this answer

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