Legal Question in Wills and Trusts in California

intestate probate

My son's father dies intestate. He never married and fathered 3 children. My son was not named a beneficiary in his life insurance or retirement accounts. Is pretermitted heir the only alternative my son has to receive anything?


Asked on 5/29/08, 2:41 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: intestate probate

Your son inherits 1/3 of the probate estate. You will have to file to probate the estate if no one else has. If there is an estate open, make a claim on your son's behalf in the probate proceeding.

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Answered on 5/31/08, 9:57 pm
Scott Linden Scott H. Linden, Esq.

Re: intestate probate

Most likely yes, but without knowing what else there is....can't be certain. Was there a car? Personal property? Bank accounts?

Depending on the total value of all his assets, I can't even assure you that it will or will not require going through Probate.

If you would like our firm's assistance, we're located in Pasadena, then please feel free to contact me at my office at the number and email provided by LawGuru or through our firm's website at No-Probate.com.

Warmest Regards,

Scott

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Answered on 5/29/08, 6:23 pm


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