Question
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Oct 12, 2009, 05:03 AM
| | New Member | | Join Date: Oct 2009
Posts: 9
| | | Who inherits the deceased in California when there is no Will, nor inheritors? I am looking for the inheritors of a person who died in Orange county, California, in 1994. It seems that the person probably died without a Will, and there seemed to be no inheritors. Approaching the Orange County clerk and the Office of the Attorney General of California yielded the same disappointing answer of "no records found".
The questions are:
1. Who inherits such a person in California?
2. How do I find out who actually inherited that person?
3. As it is possible that there was no appreciable or valuable estate at the time of death, is it possible the nobody was declared the inheritor? In which case, who is entitled to the inheritance? and can they be declared now the inheritors?
4. How can I enforce the issue and create an "official inheritor" of the estate of the deceased person, so that her estate will be settled legally.
Thank you,
Hanoch Shalit, Ph.D. | | | | | | |
Answers
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Oct 13, 2009, 04:34 AM
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#11
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Join Date: Oct 2007 Location: NY State
Posts: 20,060
| If the deceased had no relatives, why do you think you are entitled to inherit?
And the answer is that the estate goes to the Government (the State). |
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Oct 13, 2009, 04:52 AM
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#12
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Join Date: Oct 2009
Posts: 9
| Quote:
Originally Posted by JudyKayTee If the deceased had no relatives, why do you think you are entitled to inherit?
And the answer is that the estate goes to the Government (the State). | I do not think that I am entitled to inherit, however, I want to know who did. If the estate goes to the government (assuming it is the State of California, where death occured) then why there are no records at the County clerk and at he attorney general of California?
How can I find out who inherited? and if no procedures of inheritance were made, how can I request them? |
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Oct 13, 2009, 05:20 AM
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#13
| | | Expert
Join Date: Oct 2007 Location: NY State
Posts: 20,060
| Are you reading the answers? "If there was no will, and no assets, chances are that there was no need to begin a probate proceeding to determine the heirs of the deceased. Thus you found no record." - AK Attorney.
If you have no interest what is this about? "we" are I and the Inheritor of the deceased. The "new inheritance" is an inheritance that we are both entitled to, provided that we both show up to request it." |
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Oct 13, 2009, 07:55 AM
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#14
| | Senior Member
Join Date: Jan 2009 Location: Florida
Posts: 890
| It occurs to me that the OT may be nibbling on a baited hook of a Nigerian scam. |
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Oct 13, 2009, 08:59 PM
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#15
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Join Date: Oct 2009
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| Quote:
Originally Posted by AK lawyer It occurs to me that the OT may be nibbling on a baited hook of a Nigerian scam. | This is not a scam, nor is it related to a scam of any kind. Why don't you attempt to respond to the genuine question (or problem of Law) instead on speculating on the motives of the inquiree? It is a question of Law: Who inherits, and how to start the right procedure to determine the inheritor? All the details are already spelled in previous responses. Thank you. |
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Oct 14, 2009, 04:08 AM
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#16
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 35,530
| Quote:
Originally Posted by Hanoch Shalit This is not a scam, nor is it related to a scam of any kind. Why don't you attempt to respond to the genuine question (or problem of Law) instead on speculating on the motives of the inquiree? It is a question of Law: Who inherits, and how to start the right procedure to determine the inheritor? All the details are already spelled in previous responses. Thank you. | The law was given to you in post #9. As to finding out how inherits that is a genealogy exercise. One has to find relatives, no matter how distant.
As to the speculation, you gave rise to that by your cryptic answers to why you are involved. You say you are partnered with the Inheritor so you seem to already know who that is yet ask how to find such a person. You also said there are almost no assets, so it gives rise to the question of why this is a big deal. When you are cryptic and evasive about details, it certainly justifies speculation. |
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Oct 14, 2009, 04:23 AM
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#17
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Join Date: Oct 2009
Posts: 9
| Quote:
Originally Posted by ScottGem The law was given to you in post #9. As to finding out how inherits that is a genealogy exercise. One has to find relatives, no matter how distant.
As to the speculation, you gave rise to that by your cryptic answers to why you are involved. You say you are partnered with the Inheritor so you seem to already know who that is yet ask how to find such a person. You also said there are almost no assets, so it gives rise to the question of why this is a big deal. When you are cryptic and evasive about details, it certainly justifies speculation. | Thank you for your guidance. It was suggested that the State is the inheritor in this case. However, if there are no documentations with the State, it suggests that the procedure of deciding who is the inheritor, and how the dispense of the inheritance was not made. How can I start (or request) such a procedure (knowing that the deceased died in 1994)? |
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Oct 14, 2009, 04:42 AM
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#18
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Join Date: Jan 2009 Location: Florida
Posts: 890
| Quote:
Originally Posted by Hanoch Shalit Thank you for your guidance. It was suggested that the State is the inheritor in this case. However, if there are no documentations with the State, it suggests that the procedure of deciding who is the inheritor, and how the dispense of the inheritance was not made. How can I start (or request) such a procedure (knowing that the deceased died in 1994)? | If there were no significant assets, the state's escheat mechanism would not have been invoked. Thus the absence of any record. If you have found assets, no doubt the state would be interested in knowing about them.
When I speculated that this may be a scam, I was suggesting that someone may be trying to scam you. |
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Oct 14, 2009, 05:14 AM
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#19
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| Quote:
Originally Posted by AK lawyer If there were no significant assets, the state's escheat mechanism would not have been invoked. Thus the absence of any record. If you have found assets, no doubt the state would be interested in knowing about them.
When I speculated that this may be a scam, I was suggesting that someone may be trying to scam you. | Thank you again. As I stated before, I know it is not a scam, as I was not approach by anybody to do this. I agree that the State, who should be the ultimate inheritor, should be interested in a newly found inheritance. My specific question is
1. Whom to approach, and how to deal with it, and
2. How to minimize my own expenses (although I should benefit by getting what is due to me for my part, the State should pay what for its part.). |
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Oct 14, 2009, 08:58 AM
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#20
| | Senior Member
Join Date: Jan 2009 Location: Florida
Posts: 890
| You might want to read this and this. |
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