Palmdale, CA asked in Probate for California

Q: Dad left house to me & my brother. My brother died & my my dad died 1 week later. Do i get the house or split w his son?

My dad did leave my brothers son money. But the house was instructed specifically to me and my brother to split but my dad died just one week after my brother and didn’t have time to amend the will. He said the house is all mine? Does my nephew have claim to the house?

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3 Lawyer Answers
David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: A local probate and trust lawyer needs to read the will. It all depends on the terms of the will.

Typically your Dad's will would provide what disposition is to be made if you or your brother predecease your Dad.

You need to take your Dad's will to s probate and trust lawyer.

Probably, your nephew has a claim to the one-half left to your brother. Again, depending on the terms od your Dad's will.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: BTW: It does not matter what your Dad said.

What matters is what the will says.

Nina Whitehurst and James Edward Berge agree with this answer

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

A: This all is determined by what the will says. It should say what happens if a beneficiary predeceases the decedent. It might also have a survivorship requirement in it.

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