Wildomar, CA asked in Estate Planning for California

Q: If it's just me and my brother and I'm not included in the will, am I entitled to any of the estate?

It's just me and my brother and at one point I was excluded from the will. After my father passed I moved in with my mother and took care of her for well over a year. She couldn't walk or anything and I barely left her side. She suddenly passed recently from an aneurysm and when we went over the will my brother was still the only one in it and I was not added back during the time my mother was alive since it was only approximately a year after my dad passed. I was wondering if I'm entitled to anything because my brother and I don't get along well and he's selling the house and took everything in it and tossed it and I have nowhere to live.

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

A: It's possible, but here is no way to answer your question based on the facts you gave us. There will be a presumption that you are not inheriting anything because that is what the will says. However, you can get around that presumption if you can PROVE in court that your mother intended for you to inherit something. The "scales of justice" will weigh all evidence and see if there is enough to allow you to inherit. Just the fact you took care of her while she was alive is not the same thing as proving she intended for you to inherit part of her estate. Make an appointment with an attorney in your area. You'll need to go to court to prove your case and a lawyer will be your best bet at making a viable claim. Best wishes.

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