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    californiasun's Avatar
    californiasun Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 10, 2008, 09:50 AM
    Sole surriving family member in probate
    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's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Jun 10, 2008, 04:01 PM
    Quote Originally Posted by californiasun
    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.

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