Legal Question in Wills and Trusts in California
My father died in January and left no will. But all his assets and money go to my stepmother because she is listed as his sole beneficiary. My question is since there is no will and nothing in writing to state otherwise, can I claim 50 percent of his sports memorabilia collection. I'm his other heir and only daughter.
3 Answers from Attorneys
I'm sorry for your loss. If your father died without a will, then his assets will typically pass through "intestate succession". This is the system that passes property when dying without a will.
You said that your stepmother "is listed as his sole beneficiary". Question: Where is she listed in this manner
I think you need to have a discussion with a local attorney to discuss your options. Typically, under intestate succession, the separate property of your father would go half to you and half to your stepmother assuming that she was still married to your father upon his death.
Let me know if you would like to discuss this matter.
Caleb
J. Caleb Donner
DONNER & DONNER
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Actually you could file a petition to be appointed administrator of his estate and claim your 2/3rds share of his separate property.
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