Q: What to do when Dad dies with no will in California. Homes listed as separate property.
My father left no will. One home was in a trust from my grandparents. His re married wife sold that home and got all the money. The two other homes are listed in my dads name and separate property. Do I need to hire an attorney to make sure I get my fair share in his estate? What do I need to do to get things started so I get my fair share?
A: Yes, you most likely need to hire an attorney and get a petition filed in probate court. You should start by either checking title on the properties or having the attorney check title to ensure the properties are held in his name alone as his separate property.
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A: You might find answers to all your questions at https://www.sweeneyprobatelaw.com/articles/what-happens-if-a-person-dies-without-a-will/
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A: Yes, hire a probate attorney. You need to file a probate action in order to get your share of the estate. The administrator and attorney both get paid a percentage of the value of the estate, at the end of the process. If you are the sole heir you can save some money by being the administrator yourself and then waiving your fee.
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