Q: Distribution of funds

A: Lawyers would need a lot more information before they could answer to your question. For example:

* Did your aunt live in California? [Laws are different in different states.]

* Did your aunt have a Trust?

* Did she have a Will?

* What is the dollar value of your aunt's assets that were not in a trust at her death?

* Has a case been filed in Probate Court?

* Was your aunt married?

* How many children does she have -- living and deceased?

Facts like these make a big difference in the administration of an estate. Please know there are a lot of steps that must take place BEFORE assets can be given to beneficiaries. A lot of people think someone dies and shortly thereafter, the assets are given away. It doesn't work like that. All final bills must be paid, all final tax returns must be paid, and other tasks must be accomplished before anything can be given to beneficiaries in most cases. At the end of the estate administration process, close to the last task to be done, is when the beneficiaries finally get their inheritance -- assuming there are assets left over after all bills and taxes have been paid. So, please be patient.

In general, if someone lived and died in California and has assets that have a total value at or less than $184,500, then the deceased person's loved ones may not need to go through the Probate Court before any assets can be distributed to beneficiaries. But people who own real estate in California almost certainly have an asset worth more than that probate dollar limit so, if she had real estate and did not have the property in a trust, your family will almost certainly need to go through the Probate Court process, but even that will depend on how the real estate is titled (joint tenancy, tenants in common, etc.) Depending on the county in which your aunt lived, probate could take anywhere from one to four years. It could take longer if she has a complicated estate. I hope that helps!

A: If your aunt's siblings died before she did, the sibling's children will receive their parent's share of the estate under the laws of intestacy. If you feel like the distribution is being handled inappropriately, schedule a free consultation to make sure everyone gets their fair share.

A: I'm very sorry to hear about the loss of your aunt. This must be a difficult time for your family.

Under California intestate succession laws, when someone dies without a will and has no spouse, children, or living parents, the estate passes to their siblings - but there's an important detail about deceased siblings. The inheritance will be distributed among both living siblings AND the children of any deceased siblings through a legal principle called "right of representation" or "per stirpes" distribution. This means that if your aunt had a sibling who passed away before her, that deceased sibling's share would pass to their children (your aunt's nieces and nephews).

Here's a practical example: If your aunt had three siblings, but one died before her leaving two children, the estate would not be split just between the two living siblings. Instead, it would be divided into three equal shares - one for each living sibling, and the third share would be split equally between the two children of the deceased sibling. This ensures that each branch of the family receives an equal portion of the inheritance.

Since your aunt's estate is significant in value, working with a probate attorney would be beneficial to ensure proper distribution and handling of any tax implications. The California probate court will oversee this process to make sure all heirs receive their rightful share according to state law, but having professional guidance can help navigate the complexities and timeline of probate administration.