Carlsbad, CA asked in Civil Litigation, Elder Law and Estate Planning for California

Q: Estate law missing will

Mother died, sister and brother got a lawyer and excluded brother? Is the excluded brother automatically entitled to any windfall should they receive an inheritance? This is in CA

1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: It depends on the dollar value of your mother's estate, which is all of her assets except retirement, her car, and a few other items. If your mother's assets are valued at $166,250 or more, the law requires the estate to go through the Probate Court, so a judge can supervise the distribution of assets. Either way, without a trust or will, your mother's estate would go to her heirs by law, which should include her children and potentially others. You would be best served seeing an attorney in your area to assist you in determining what portion of the estate belongs to whom. Best wishes!

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