Los Angeles, CA asked in Estate Planning for California

Q: I had a sister who lived in California recently passed away. husband two sons . large estate . As half brother

Am I entitled to any part of the estate

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: If your sister did not leave you anything in her will, then no. If your sister did not have a will then her estate passes according to the laws of intestate succession pursuant to which very likely everything will pass to her husband but if she had any separate property then her children will receive a share.

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

A: There is no automatic inheritance for siblings when someone passes away and has a living husband and children. In your situation, you would only be entitled to your sister’s assets in two situations: (1) if your sister had a trust or will in which she named you as someone who would inherit her assets; or (2) your sister did not have a trust or will — so the assets would go to the people listed in the law (called intestate succession) — and the people listed in the law formally decline to accept their inheritance. In the second situation, your sister’s assets would go to her husband or both her husband and kids, depending on whether your sister had any separate property assets or if all of her assets were community property assets. If your sister did not name you in her trust or will, don’t be hurt. In the overwhelming majority of situations, people leave their assets to their spouse and kids.

Ivette Santaella
Ivette Santaella
Answered
  • Estate Planning Lawyer
  • San Ramon, CA
  • Licensed in California

A: Hello,

Only if it is outlined in her trust or Will. If you are a beneficiary you will hear from the Trustee of the trust or executor of the Will.

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