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Rights To My Father's Estate

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D

debrobak

Guest
When my father died three years ago, he left no will. My stepmother immediately put the home into her and her son's name (this is a home that my father owned before he married my step mother). I would like to know if my brother and I can sue my step mother for half of my father's estate (I know we will never see anything if we don't). My thought is to obtain a court order of some kind indicating that if the house or any of his property is sold (she sold his business soon after he died) that half of the money would go into a trust account. The principal would be kept for my brother and I upon my step mothers death. She would be entitled to the interest made on that account. Is it possible to do this in California and would be it very costly?

Thank you very much.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by debrobak:
When my father died three years ago, he left no will. My stepmother immediately put the home into her and her son's name (this is a home that my father owned before he married my step mother). I would like to know if my brother and I can sue my step mother for half of my father's estate (I know we will never see anything if we don't). My thought is to obtain a court order of some kind indicating that if the house or any of his property is sold (she sold his business soon after he died) that half of the money would go into a trust account. The principal would be kept for my brother and I upon my step mothers death. She would be entitled to the interest made on that account. Is it possible to do this in California and would be it very costly?

Thank you very much.
<HR></BLOCKQUOTE>


My response:

Your father died "intestate" - the legal term for "dying without a Will". Since that was the case, you were, and still are, entitled to a share of his Estate as a "pretermitted heir".

You need to hire a Probate attorney and open a Probate action. Only then, and with proper orders of the court, will you even begin to see any money and have the Deed reversed.

IAAL


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