San Diego, CA asked in Elder Law, Estate Planning and Probate for California

Q: My grandmother died and no will. She has 2 biological children but I took care of her.can I petition to inherit?

She didnt have relationships with her two children. One was ordered to move out and had a protective restraining order about 6 months prior to death and her other child she hadn't seen in 15 years. However the son she had no contact with for 15 years came one day and got POA. However, my grandmother was in process of revoking that poa when she died. I moved in and took care of her the last 6 months of her life with no help from her children. She had intended to leave much of her estate to me. She had life insurance which split between the 3 of us. However, in court her son has poa and is trying to split the $200,000 inheritance between the 2 siblings. Can i petition the court as an heir? She also raised me from the time i was a child as well. Im like her son. Can i get an attorney and petition the court? Im in California.

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: When a person dies with no will, then state law determines who inherits. Assuming your grandmother was unmarried when she died and all of her biological and adopted children survived her, then her children inherit in equal shares. Grandchildren would not inherit.

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