Am i entitled to recieve a portion of my fathers will if i was not in it? 5 Answers as of October 16, 2012

My father passed this year and I w as s told by his sons that everything was left to his wife,do I have any rights? Kristen in california

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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
Jurisdiction would lie where your father resided when he died. If jurisdiction is in California, you may have status as a "pretermitted heir" if you are not mentioned in the Will. If the rule applies, you may claim the share you would have been entitled had he died without a will. If he died married, that share would be zero if all he died possessed of was community property, but you would be entitled to 2/3 of any separate property divided by the number of children who either survived him or left surviving issue. "Separate Property" includes property he brought into the marriage or received by gift or inheritance during the marriage.
Answer Applies to: California
Replied: 10/16/2012
Neal M. Rimer, Esquire
Neal M. Rimer, Esquire | Neal M. Rimer
Probably not. If the Will was done by an attorney then the proper formality was probably done. If you were named in the Will, you would not be considered a pretermitted heir. Your father can leave his estate to whomever he wants, including his wife. You may be able to object to the admission of the Will for probate if you father was not competent to execute a Will or there was some type of fraud or undue influence.
Answer Applies to: California
Replied: 10/15/2012
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You might have some rights as a pretermitted heir. Check with a probate attorney right away. A pretermitted heir is someone such as yourself who may not have been mentioned in the will, not necessarily awarded any gift.
Answer Applies to: California
Replied: 10/15/2012
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
You have the right to see a copy of your father's will. If he had a living trust, you have a right to notice of its existence and the right to see a copy. You may have the right to be mentioned in it, (such as, "I am married to wife. I have three children, sons B and C and daughter A.") If you were not mentioned, you may be an omitted heir and may be entitled to a portion of his separate property, if he has any. That could be as much as 22.2% of his separate property (but none of any community property, jointly held assets, etc.). You have the right to get notice if a petition for probate of his estate is filed and needed and of a spousal property petition if one is filed.
Answer Applies to: California
Replied: 10/15/2012
Carmen B. Marquez, PC | Carmen B. Marquez
That really depends.. You should seek the advice of an attorney. Did he disinherit you? Were you unintentionally left out? What did he leave behind.
Answer Applies to: California
Replied: 10/15/2012
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