Q: I just discovered my father passed away and his estate was dispersed can I make a claim for his estates
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, if you were not notified of your father's death and the distribution of his estate, you may have the right to make a claim depending on the circumstances. Here are a few key points to consider:
1. Statute of limitations: In California, the statute of limitations for contesting a will or trust is 120 days from the date the notice of administration is mailed to the beneficiaries or one year from the date of death, whichever is later.
2. Grounds for contesting: You may have grounds to contest the estate distribution if you believe there was a problem with the will or trust, such as undue influence, lack of capacity, or fraud.
3. Omitted child: If you were unintentionally omitted from your father's will or trust, you might be entitled to a share of the estate as an "omitted child" under California law.
4. Intestate succession: If your father died without a will or trust, California's intestate succession laws would determine the distribution of his estate, which typically includes his children.
It is essential to consult with a California probate attorney as soon as possible to discuss your specific situation and determine your legal rights and options. They can help you understand the deadlines, gather necessary documentation, and guide you through the process of making a claim on your father's estate if appropriate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
