Who inherits what when there is no will?

[nnalorac]

What is the name of your state?California

A good friend of mine died a year and a half ago. She left no will. She was married to a wonderful man from Japan who has asked me to submit some questions on his behalf. They were married 7 years before she died, there are no children, however wife has a niece and nephew, 2 cousins and aunt and uncle.
My friend had purchased the home while she was still single several year before she met her husband however, her husband made the mortgage payments once they were married. They never got around to putting husbands name on the deed. Wife has several charge cards with debt and there is also a large hospital bill. Husband hires an attorney to probate estate and instructs attorney to sell the house and pay off all of wife's debt. There are no other assets. Niece and nephew are making claims against estate, niece took a cash advance against estate. The house was sold 8 months ago. Husband has called and emailed attorney's office several times over the last 2 months to get a status on the probate but has yet received any response from him.

He has asked me what he should do about the attorney not responding to his calls and emails. He has also asked me if his wife's niece and nephew have a legal claim to the money from the sale of the house?

 

[Taxing Matters]

What is the name of your state?California

A good friend of mine died a year and a half ago. She left no will. She was married to a wonderful man from Japan who has asked me to submit some questions on his behalf. They were married 7 years before she died, there are no children, however wife has a niece and nephew, 2 cousins and aunt and uncle.
My friend had purchased the home while she was still single several year before she met her husband however, her husband made the mortgage payments once they were married. They never got around to putting husbands name on the deed. Wife has several charge cards with debt and there is also a large hospital bill. Husband hires an attorney to probate estate and instructs attorney to sell the house and pay off all of wife's debt. There are no other assets. Niece and nephew are making claims against estate, niece took a cash advance against estate. The house was sold 8 months ago. Husband has called and emailed attorney's office several times over the last 2 months to get a status on the probate but has yet received any response from him.

He has asked me what he should do about the attorney not responding to his calls and emails. He has also asked me if his wife's niece and nephew have a legal claim to the money from the sale of the house?

As they were married and she had no children or grandchildren, in general her husband would stand to inherit all of the estate. I suggest he send an actual paper letter to the lawyer firmly but politely asking what is going on. The attorney is getting paid for this, and in CA that's usually a percentage of the estate assets, so the attorney ought to be responsive here. That's part of providing the service he's being paid for. If that doesn't work, then it may be time to change attorneys.

 

[zddoodah]

Who inherits what when there is no will?

When a person dies without a will and is survived by a spouse and no issue (children, grandchildren, etc.), the surviving spouse inherits the entire estate (after payment of estate expenses).

Husband hires an attorney to probate estate and instructs attorney to sell the house and pay off all of wife's debt.

To be clear, in the absence of facts that you didn't tell us, the attorney would have no ability to do either of these things.

Do you know if the lawyer filed a petition to probate the estate? If he/she did that, whom did the court appoint as personal representative of the estate?

Niece and nephew are making claims against estate

Meaning what, exactly?

niece took a cash advance against estate.

I have no idea what this could possibly mean.

Husband has called and emailed attorney's office several times over the last 2 months to get a status on the probate but has yet received any response from him.

He has asked me what he should do about the attorney not responding to his calls and emails.

If I were him, after a couple weeks of this, I'd have tried to make an appointment for an in-person meeting with the lawyer. I'd also have attempted to speak with someone else in the lawyer's office. Is the lawyer a member of a law firm with other lawyers? Is he/she a sole practitioner? At whatever point your friend thinks is appropriate, he should retain another lawyer's services.

He has also asked me if his wife's niece and nephew have a legal claim to the money from the sale of the house?

You've given us no reason to think they do, but we obviously have only limited information.