Fresno, CA asked in Estate Planning and Probate for California

Q: My dad just passed away and had no will.the home is in name only.i won’t the home as his only living son.have 2 nieces

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand you're dealing with a difficult situation regarding your late father's estate. Based on the information provided, here's a general overview of how California law might apply:

1. In California, if someone dies without a will (intestate), the distribution of their assets is governed by state intestacy laws.

2. If the home was solely in your father's name, it becomes part of his estate.

3. Under California intestacy laws, the distribution depends on the surviving family members:

- If your father was not married at the time of his death, and you are his only living child, you would typically inherit the entire estate, including the home.

- Your nieces (presumably children of your deceased siblings) would not typically inherit if you, as their parent's sibling, are still alive.

4. However, the situation can be more complex if:

- Your father was married at the time of death

- There are other living children or their descendants

- The home was community property

- There are any debts or liens against the estate

5. To properly transfer the title of the home, you'll likely need to go through probate, even if you're the sole heir.

Given the complexities of estate law, I strongly recommend consulting with a probate attorney in California. They can review the specific details of your situation and guide you through the legal process of claiming your inheritance and transferring the property title.

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