PDA

View Full Version : Sole surriving family member in probate


californiasun
Jun 10, 2008, 09:50 AM
My mother passed away and my father passed away soon after. He left a will
Leaving everything to my mother and if she was deceased everything to my brother and
Me. My brother died 6 years ago. Does his widow have any claim to the estate? ( California)

cdad
Jun 10, 2008, 02:36 PM
From what your saying I gather he remarried after your mothers passing ?
So long as the will is a valid one then yes you are the sole heir to his portion of the eastate. That doesn't mean you get " everything " it means you get what would have been his. Anything he changed to joint will pass to her so you have to be careful of that. Did he leave a actual will ? Or a trust ?

JudyKayTee
Jun 10, 2008, 04:01 PM
My mother passed away and my father passed away soon after. He left a will
leaving everything to my mother and if she was deceased everything to my brother and
me. My brother died 6 years ago. Does his widow have any claim to the estate? ( California)



Who died first - your father or your brother? I can't get a time frame here.

If your brother died first, no, your brother's widow has no claim - unless there is specific language in the Will that she was to inherit his share.

If your father died and your brother was alive, the share would have gone to him and be under his control to leave to his widow or not.