Asked in Estate Planning for California

Q: Gma died my father passed away before her and my dad was only son and I am only child. Can I get my dads portion?

I have 4 aunts which got a large portion and I got 10,000 out of hundreds of thousands

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3 Lawyer Answers
Genene N. Dunn
PREMIUM
Genene N. Dunn
Answered
  • Estate Planning Lawyer
  • Tustin, CA
  • Licensed in California

A: The biggest question is did your grandmother have a will or trust? If so, the answer lies there. Also, if you dad was the only child of this grandmother who are the aunts? If there are aunts then I would assume they are also children of the grandmother and they would have a right to the estate as well as you if there was no will or trust.

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: The short answer is yes, you can get your father's share. Figuring out what his share is, is not so simple. It depends on how title to property and accounts was held, and whether there is a will or trust.

1 user found this answer helpful

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

A: I agree with the previous replies. I would also add that, because your father died, his entire estate would pass under his Will, if he had one, or intestate, if he didn't, in which case his estate would pass to his heirs at law (i.e., his children). But to prove that he died and he had children and they were entitled to anything may require a probate of his estate and a final court order establishing those facts. Best to consult with a probate attorney before relying on any advice given over the internet. Good luck!

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