Legal Question in Wills and Trusts in California

I have to file a claim under my ex husbands estate his wife won't tell me anything so I don't know when or what paper it will be published in in order to file my claim so how can I find out

Asked on 5/30/13, 11:30 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You should see an attorney and get some consultation before you get yourself in trouble. I'm not trying to just drum up business for my fellow members of the State Bar. Here's why:

You told us that this was your ex husband. If your ex husband died without a will or trust, then the laws of intestate succession state that his surviving spouse has inheritance rights. Because your marriage was terminated by divorce, you are not his surviving spouse. (See Probate Code section 78.)

In order for you to inherit anything at all, you would have to have been specifically provided for in a new will executed after your divorce, or a new trust established after the divorce. I doubt that happened.

You should get a consultation, especially if you think I am wrong. Filing a claim in something like this can get you sanctioned, and in some cases even declared a vexatious litigant.

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Answered on 5/31/13, 12:48 pm

Scott Jordan Dunning Law Firm

Mr. Roach has provided excellent advice and you should follow it.

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Answered on 5/31/13, 2:39 pm
Victor Waid Law Office of Victor Waid

I agree with previous answers of counsel.

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Answered on 6/03/13, 1:07 pm

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