Hello,
In April of 2008, my father was killed by the police of the city for have a gun in his hand (there are many, many cases being filed for the dept. in question for excessive force; this is in Los Angeles County, California). I'd rather not like to say any more on that subject.
My question is in regards to his will he left behind. In his will he states that the entire estate goes to his brother. We(my mother and I, his only offspring) divorced my father because of his alcohol abuse, about 6 years ago. I honestly did not want to do this, but because my grandmother(his mother) and his brother have refused to even let me know where/when the funeral was. I have decided to take legal action.
Many people have been telling me that I am entitled to money, but the percentage changes from person to person. I would just like to know if I am entitled to anything, regardless of percentage.

If you are under a certain age it is possible that you may be entitled to some social security benefits? If your father's will states that he leaves everything to his brother that can be pretty final. Check with an attorney. Free consultation can help get you pointed in the correct direction if you are unable to afford one.

Hello,
in April of 2008, my father was killed by the police of the city for have a gun in his hand (there are many, many cases being filed for the dept. in question for excessive force; this is in Los Angeles County, California). I'd rather not like to say any more on that subject.
My question is in regards to his will he left behind. In his will he states that the entire estate goes to his brother. We(my mother and I, his only offspring) divorced my father because of his alcohol abuse, about 6 years ago. I honestly did not want to do this, but because my grandmother(his mother) and his brother have refused to even let me know where/when the funeral was. I have decided to take legal action.
Many people have been telling me that I am entitled to money, but the percentage changes from person to person. I would just like to know if I am entitled to anything, regardless of percentage.



If it's a valid Will, properly executed and written in accordance with California law, I do not see any ability to set it aside.

How often did you see your father? Why did he disinherit you?

I think "many people" are wrong - without a Will, yes, you are entitled to inherit. With a binding Will - no.

I don't think they can write a son completely out of the will. They can leave him one dollar but not completely out. You will need to get a copy of the will and see a probate attorney

I don't think they can write a son completely out of the will. They can leave him one dollar but not completely out. You will need to get a copy of the will and see a probate attorney



Here's the explanation of the section of California law that I found: "Disinheriting children. Generally, it's perfectly legal to disinherit a child. If, however, it appears that you didn't mean to disinherit a child -- the most common example is a child born after you made your will -- then the child has the right to claim part of your property."

And I will add, that if you allow the case to close in probate and don't challenge the probate before it is final, you may lose your right to challenge it also after a certain time frame.