Moreno Valley, CA asked in Estate Planning and Probate for California

Q: How do i find out if my sister is in control of estate i receive nothing from her . Mom died no will

No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me

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2 Lawyer Answers

A: When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively valued at more than $154,500, then someone in your family will be required to file a Petition in the Probate Court and mail a copy of the Petition to all immediate family. Almost everyone in California who owns real estate will be in this category because the mortgage(s) owed are NOT deducted from the value. (The court wants to know what the property could sell for if there were no deductions, and that’s the dollar figure you would use.) But, if the collective dollar value of the deceased person’s assets is less than $154,500, it’s possible people may not get any inheritance because all of that person’s final bills, taxes, tax return preparation costs, and other debts need to be paid off BEFORE the leftovers are distributed to heirs. Either way, it’s good to consult with a lawyer to learn about your specific situation because more information is needed before an attorney could advise you. Best wishes!

James L. Arrasmith
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Answered

A: In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. As one of seven children, you are potentially entitled to a share of your mother's estate. However, without a will, an administrator must be appointed by the court to handle the estate, and you should have received notice if probate proceedings were initiated.

If you suspect that your sister is controlling the estate without proper legal authority or excluding you, your first step should be to check with the probate court in the county where your mother lived. This can help you determine if an estate case has been filed. If there is a case, you can review the documents to see what's been happening with the estate.

If no case has been filed, or if you discover that the estate is being mishandled, it's advisable to consult with an attorney experienced in probate law. An attorney can help you understand your rights, assist in initiating probate proceedings if necessary, and represent your interests to ensure you receive your rightful share of the estate.

Understand that the probate process can be lengthy and complex, especially when there's no will and multiple heirs are involved. Your willingness to involve an attorney and address this matter legally is an important step in protecting your interests and ensuring a fair distribution of your mother's estate. Remember, every heir has a right to be informed and involved in the estate administration process.

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