Legal Question in Wills and Trusts in California

Someone who secretly took everything an elder had (including his will) before the elder died can't just tell the probate court not to follow the intestate succession distribution laws & allow him to keep all he stole, can he?


Asked on 8/06/22, 12:45 am

2 Answers from Attorneys

Robert Kane Law Offices of Robert D. Kane, Jr.

No, he can't "tell the probate court not to follow the intestate succession distribution laws & allow him to keep all he stole." Unfortunately, you don't provide any information showing he did anything wrong. So before you go to court, you will want some evidence and knowledge of the law. Obviously, an attorney would help.

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Answered on 8/06/22, 4:12 am
Timothy McCormick Haapala, Thompson & Abern, LLP

The court will just ignore anyone who tried to tell the court to ignore the intestate succession laws in the absence of a will or trust. That's exactly what the intestate succession laws are for, to distribute property in the absence of a will or trust. However, if the deceased died with nothing of value because someone stole everything, there is no estate to apply either intestate succession or a will to. That's where Mr. Kane is exactly correct. Your problem is proof that the deceased's assets were stolen.

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Answered on 8/07/22, 11:47 am


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