Wills/Trusts

What is the name of your state (only U.S. law)? CA

If I die without a will or trust who inherits my wealth?

do a google search on your state intestate laws. That will lay out the people who will inherit what percentages.

Your spouse and children and if you have neither of these, your brothers and sisters.

Dandy Don said:

Your spouse and children and if you have neither of these, your brothers and sisters.

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Wrong again.

6402. Except as provided in Section 6402.5, the part of the
intestate estate not passing to the surviving spouse or surviving
domestic partner, as defined in subdivision (b) of Section 37, under
Section 6401, or the entire intestate estate if there is no surviving
spouse or domestic partner, passes as follows:
(a) To the issue of the decedent, the issue taking equally if they
are all of the same degree of kinship to the decedent, but if of
unequal degree those of more remote degree take in the manner
provided in Section 240.
(b) If there is no surviving issue, to the decedent's parent or
parents equally.
(c) If there is no surviving issue or parent, to the issue of the
parents or either of them, the issue taking equally if they are all
of the same degree of kinship to the decedent, but if of unequal
degree those of more remote degree take in the manner provided in
Section 240.

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Can i get a copy of a will

Can i get a copy of a will

the father died in san diego california but was buried in nezperce idaho which he willed the grandson his grandson brother and sister. The fathers son is divorced so they are not being cooperative with the mother not metioning at all about the will and it has been almost 2 years. Before the father died he told the mother from his grandson that there was trust set up for all the kids and her plus property. How long should it take to read a will or what is the laws on that. thank you

Contact the county courthouse probate court or superior courts for San Diego, CA and Lewis County (Idaho) to see if anyone filed to open up probate for the man's estate, assuming he left a last will and testament. (Many states have case index records online where you can search by the decedent's name now.) If anything has been filed you can order copies of the paperwork to find out who was executor and/or trustee.

If the money was in a trust there will be no public record of it since trusts are handled privately outside of court. In that case you will need to get a probate or trust attorney to represent you and send the person you think was trustee a certified letter asking for a copy of the trust and an accounting statement (first your attorney must check that state law to see if beneficiaries have a right to ask for this information).

Trustee should be cooperative but if he isn't, your attorney can tell you what to do next, whether a lawsuit is necessary or whether he needs to open up probate to get access to state and federal tax returns that might have clues about the financial information on the trust.

DANDY DON IN OKLAHOMA ([email protected])