Died Without a Will

[HRinCA]

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

My mother died recently, and her estate is very small (less than $30,000). My mother had three children, one passed away in 1997. We have been told by the company that is buying her mobile home that the proceeds need only be split between the two surviving children. We have also been told that since the since the brother who died had three children, his portion (1/3) should be divided between his children. We want to do what is legally required, but can't seem to find out what that actually is. Any help from the forum would be most appreciated.

 

[anteater]

"We have also been told" is correct. Children of the predeceased child split his 1/3rd.

240. If a statute calls for property to be distributed or taken in
the manner provided in this section, the property shall be divided
into as many equal shares as there are living members of the nearest
generation of issue then living and deceased members of that
generation who leave issue then living, each living member of the
nearest generation of issue then living receiving one share and the
share of each deceased member of that generation who leaves issue
then living being divided in the same manner among his or her then
living issue.

 

[HRinCA]

"We have also been told" is correct. Children of the predeceased child split his 1/3rd.

Anteater - Thank you so very much!!

 

[Ohiogal]

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

My mother died recently, and her estate is very small (less than $30,000). My mother had three children, one passed away in 1997. We have been told by the company that is buying her mobile home that the proceeds need only be split between the two surviving children. We have also been told that since the since the brother who died brother had three children, his portion (1/3) should be divided between his children. We want to do what is legally required, but can't seem to find out what that actually is. Any help from the forum would be most appreciated.

Are you opening probate? How are you able to sell her mobile home?

 

[HRinCA]

Are you opening probate? How are you able to sell her mobile home?

There is an 80% chance the state is going to take the estate for MediCal benefits my father received prior to his death in 2006. We are awaiting the decision. We have been advised by an attorney not to open probate until such time as state makes its decision. The trailer is being sold to a company that will move the trailer out and put a brand new on it the space that my mother's trailer currently sits. The plan is if the state does not take the estate, the money will remain in escrow until such time (up to 90 days) that we can locate the children of my brother. The same attorney who advised us not to open escrow until we get an answer from the state, said that based on the size of the estate, we would file with the courts a document stating that all debts have been paid and listing the heirs of the estate.

I hope this answers your question, Ohiogal.

Any input would be most appreciated. I feel as though I do not know nearly enough to know if we are doing the right thing. The state taking the estate might be the easiest solution.

 

[anteater]

There is an 80% chance the state is going to take the estate for MediCal benefits my father received prior to his death in 2006. We are awaiting the decision. We have been advised by an attorney not to open probate until such time as state makes its decision. The trailer is being sold to a company that will move the trailer out and put a brand new on it the space that my mother's trailer currently sits. The plan is if the state does not take the estate, the money will remain in escrow until such time (up to 90 days) that we can locate the children of my brother. The same attorney who advised us not to open escrow until we get an answer from the state, said that based on the size of the estate, we would file with the courts a document stating that all debts have been paid and listing the heirs of the estate.

I hope this answers your question, Ohiogal.

Any input would be most appreciated. I feel as though I do not know nearly enough to know if we are doing the right thing. The state taking the estate might be the easiest solution.

I would guess is that the attorney is referring to using a small estate affidavit under CA Probate Code 13100. But is this company going to make the purchase before the affidavit is filed?

I assume that it was the attorney who correctly advised you on the status of your deceased brother' children as heirs.

 

[HRinCA]

I would guess is that the attorney is referring to using a small estate affidavit under CA Probate Code 13100. But is this company going to make the purchase before the affidavit is filed?

I assume that it was the attorney who correctly advised you on the status of your deceased brother' children as heirs.

Sadly, no it was not the attorney who told us about the heirs of my late brother being entitled to his share. Just a friend who had gone through something similar.

I am not sure when the affidavit will be filed. What are the consequences should the affidavit be filed after the purchase of the trailer?

My sister took 98% of the contents of the house and is keeping them and has gave them away to her children. How does she account for this if/when the state takes the estate or when it is divided among the 3 heirs?

 

[anteater]

I am not sure when the affidavit will be filed. What are the consequences should the affidavit be filed after the purchase of the trailer?

Probably none. But the affidavit establishes the affiant's legal authority to undertake transactions regarding the deceased's assets. I am somewhat surprised that the company buying the trailer would not insist on having the affidavit filed before buying.

My sister took 98% of the contents of the house and is keeping them and has gave them away to her children. How does she account for this if/when the state takes the estate or when it is divided among the 3 heirs?

What kind of contents are you talking about? If it is the usual assortment of household goods, it is unlikely that there is much in the way of monetary value. If that is the case and the state undertakes estate recovery, the state likely won't much care. As for the heirs, they would have to decide whether it is worth a big, ugly fight.