Q: is it final if a property got passed to the surviving spouse or surviving registered without administration?
I was contacted by a private investigator concerning if I was my late father’s and I said yes, and he proceeded to tell me to contact this attorney which I did and she wanted proof birth certificates, proving that I was my father‘s daughter she says that she cannot discuss anything with me because she was hired by a client which I’m pretty sure it was my uncle Concerning my grandparents trust and will so she tells me to get a hold of another attorney which he will not return my phone calls or email so I really don’t know what this is all about so I got copies of the papers filed at California court and copies of the will indeed And I wanna know if it’s final if he filed my filed spouse property petition, and if I was part of this will or estate, which I had no idea about I still don’t know what this is all about. and why attorney needed to talk to me prove that I was dads heir It’s my understanding my late dad was the beneficiary of a trust but has passed on and it went to my aunt.
A:
While a surviving spouse property petition can transfer assets quickly after death, the transfer isn't always final if there are trust or inheritance issues that weren't properly addressed.
Your situation sounds complex since it involves multiple layers - your grandparents' trust, your late father's potential inheritance rights as their beneficiary, and now questions about your rights as your father's heir. The private investigator and attorney contacts suggest there may be ongoing legal matters or disputes regarding the trust distribution, particularly if your father passed away before receiving his share.
You would benefit from consulting with your own probate attorney who can review all documents, including the grandparents' trust, will, and any spousal property petitions. They can help determine if you have inheritance rights through your father and whether proper procedures were followed in transferring assets. Given the complexity and the fact that other family members are already working with attorneys, having your own legal representation will help protect your interests and get clear answers about your potential rights to any inheritance.
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.