California - Next of Kin/Probate/No Will???

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Latest post 05-01-2009 3:24 PM by adjuster jack. 7 replies.
  • 05-01-2009 1:21 PM

    Question [=?] California - Next of Kin/Probate/No Will???

    Hello,

    We live in California.

    My Great Grandmother did not leave a will or power of attorney.

    She has two living children A daugther and a son.

    Her son has not spoken to her because of personal issues for more than thirty (30) years. Her Daughter has been here with her till the very end, caring for her. She was 98 years old.

    What are the daughters rights to the estate, property, etc.?

    What will happen if the Son decides to come and try to take property or estate? Morally he does not deserve anything since he disowned his mother.

    What legal route can the daughter go to stop him from getting anything?

    I have no knowledge of the legal system.

    Any help or direction will be greatly appreciated.

    Thank you,

    Richard

  • 05-01-2009 2:01 PM In reply to

    Re: California - Next of Kin/Probate/No Will???

    MRINTENTIONAL99:
    My Great Grandmother did not leave a will or power of attorney.

    That's unfortunate because her estate gets distributed under the laws of intestacy which is usually a 50/50 split between two surviving children when there is no surviving spouse.

    The daughter will have a legal obligation to properly probate the estate and distribute or safeguard the share that goes to the son regardless of any moral or estrangement issues. Believe it or not, the son doesn't even have to come forward and ask. She is obligated by law.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-01-2009 2:07 PM In reply to

    Re: California - Next of Kin/Probate/No Will???

    California Probate Code section 10810

    You need to file to be executrix of the estate. Executors are entitled to a fee starting at 4 percent for the first $100,000 of the estate. That would be in addition to a 50/50 split after all debts are paid.

  • 05-01-2009 2:25 PM In reply to

    Re: California - Next of Kin/Probate/No Will???

    Here's a better link to the CA probate code:

    http://www.leginfo.ca....

    You can google the probate court for the county of the decedant. There is likely some self-help resources with forms and instructions.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-01-2009 2:33 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,332

    Re: California - Next of Kin/Probate/No Will???

    Basically the law says don't make moral judgements, split it down the middle 50/50 after costs  thats the mechanical fair way .

    Anything else invites debates and problems...



  • 05-01-2009 3:14 PM In reply to

    Re: California - Next of Kin/Probate/No Will???

    Hello Drew,

    Of couse I know its Law not moral judgements.

    Thank you and thanks to everyone who has replied to help me understand. Its just so upsetting for someone like him to he entitiled. But thats the law.

    Thank you,

    Richard

  • 05-01-2009 3:16 PM In reply to

    Re: California - Next of Kin/Probate/No Will???

    Jack,

    Thank you so much I will read the information in the link you have provided.

    Thanks again,

    Richard

  • 05-01-2009 3:24 PM In reply to

    Re: California - Next of Kin/Probate/No Will???

    Your welcome.

    MRINTENTIONAL99:
    Its just so upsetting for someone like him to he entitiled. But thats the law.

    You can blame great gandma for that. She didn't write a will.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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