Q: My uncle inherited millions from my grandmother with she died by changing her will or getting her to change her will.
My father didn’t want to do anything about it when she died less than 10 years ago.
My uncle just died in California. What are my and my two brothers’ and possibly my father’s legal options in regards to that inheritance? We live in Idaho.
A:
Your uncle's estate will likely be distributed according to his own estate plan, as opposed to your grandmother's. If your uncle has no trust or last will (his "estate plan"), his assets will be distributed according to a table of consanguinity. That table basically looks at what relatives are eligible to inherit estates where there is no estate plan during a probate proceeding. If your uncle has an estate plan, those terms will dictate to whom and how the assets will be distributed.
Assuming there is no estate plan, siblings are a potential beneficiary, so your dad may be on the list of persons eligible to inherit your uncle's estate. However, if your uncle had children or a spouse, they may have priority over your dad. This would be evaluated during a probate proceeding in California.
I'm licensed to practice in California and Idaho, but you should ask your dad to contact a lawyer in addition to this short answer I've provided.
Kevin M Rogers agrees with this answer
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