Oakley, CA asked in Probate for California

Q: My mother never received her inheritance before she passed away. How do I make a claim towards her inheritance?

My grandfather passed away at the beginning of the year and then my mother passed away at the end of the same year before receiving her inheritance. Do I have any rights to her portion of the estate?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: It is not possible for any attorney to answer your question without reviewing your grandfather's will and your mother's will and also the deeds to any real property owned by either one of them. An attorney would also need to review how other things were titled, such as cars and bank and brokerage accounts.

Your best course of action would be to click "Find a Lawyer" above and schedule a consultation with a probate attorney in the county where your grandfather resided and also a probate lawyer in the county where your mother resided.

Gerald Barry Dorfman agrees with this answer

Howard E. Kane
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Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Most likely you are entitled to a portion of your grandfather's estate as well as your mom's estate. If your grandfather passed away without a Will, then your mother is entitled to inheritance through intestate succession. The same is true for your mom. If either your grandfather or your mom had Wills, then the Wills should spell out the distribution.

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