Legal Question in Wills and Trusts in California
death of divorced parent
My daughter's father has had an unexpected death, leaving all his and her posessions behind. His mother and his brother came from out of state, are not allowing his daughter to claim any of her posessions. Does she have any legal recourse to stop them? if so, what course of action would need to be taken and legal forms submitted to the court. Is there a time limit.
2 Answers from Attorneys
Re: death of divorced parent
Generally, a child has a right to her father's assets, if there is no will. If there is a will, the terms of the will govern. Tell me more.
Mina Sirkin
818-340-4479
Re: death of divorced parent
You should see a probate attorney right away. If there is a will, California law requires that it be filed with the court where he resided at the time of death. To the extent that it is the daughter's property and you can prove it, you can file a legal ation to recover the property. There would be an applicable statute of limitations, but you need to retain an attoorney for more specific advaice.
The father's property will pass under the terms of a living trust or a will. Whether a probate is necessary will depend on the specific terms of the will or trust. If there is no will or trust, there are still laws that govern how the property will be divided. Court intervention and/or probate may be necessary, but there are many nuances that should be discussed with a local probate/estate planning attorney.
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