Legal Question in Wills and Trusts in California

Re: Dads death without a will

you will need to file a petition for probate with the superior court in the county in which your father resided.

Re: Dads death without a will

They are CORRECT. A step-parent adoption does NOT sever the parent-child relationship for inheriting assets. If the assets exceed $100,000 you need to file a probate. I do a substantial amount of probate work throughout California and would be happy to talk to you about your case. Often we can help people without them ever having to come to California. Just mention Law Guru and I will provide a free consultation. Give me a call! -John

Re: Dads death without a will

You ask whether you are entitled to inherit. The answer is generally yes, provided that you and your natural father lived together at any time as father and child. (The second requirement that you were adopted by your natural mother's husband has been stated in your email.)

You ask what to do if you are entitled to inherit. If your natural father has an estate of over $100,000, you should probate his estate in the county in which he lived at time of death. Therefore, I recommend that you retain counsel in that particular county or nearby county. (If your father had less than $100,000 then the location of the attorney is less important, as his estate probably need not be probated.)

If you have any questions, please do not hesitate to contact me. Any phone calls and initial consultation are free.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels)

(This email is intended for informational purposes only and should not be relied upon as legal advice.)

Re: Dads death without a will

I'm sorry to hear about his death. Generally, you would be entitled to inherit his estate--if his assets are worth more than $100,000, filing a probate in the county where he lived is required--this process takes about 9-12 months from beginning to end, although assets can be transferred/sold and debts paid before it closes. If we can help, let me know.