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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7642
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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my step daughter (age 40) wanted me to be a dependent administrator

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my step daughter (age 40) wanted me to be a dependent administrator to make sure everything was handles proper, because her father didn't leave a will. Her father and I have two son together. She died suddenly the day after the probate hearing. She has no children or husband . Can her mother get her inheritance

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I am very sorry for your recent and unexpected loss. You are trying to determine if her mother can get your step daughter's inheritance from her step-father. Would that be correct?

Customer:

the inheritance is from her father ( my late husband)

LegalGems :

I see. Since she died without a will, and survived her father for more than 72 hours, the inheritance would go to her estate, and pass through the laws of intestate succession. According to Probate Code section 38-45, if the individual has no children, it then goes 50% to the surviving parent, with 50% to surviving siblings. It is possible that her father's will had a provision requiring a survival period of longer than 72 hours or contingencies upon the inheritance, such as requiring the heir (your step daughter) to pass any remaining inheritance to a certain designated beneficiary upon her passing. Unfortunately, generally those are not common provisions, but it is worth checking the father's will to verify that is not the case.

Customer:

the father had no will and there is not a lot of money involved less than 10thousand, we are in the middle of probate

LegalGems :

If the father had no will, then the daughter's intestate share would go to her heirs, as the inheritance became a part of her estate as long as she survived longer than 72 hours past her father.

LegalGems :

As for the father's estate, this would be distributed as follows:

LegalGems :

Separate real property: life estate of 1/3 to surviving spouse, remainder to children (as remaindermen). 2/3 outright ownership to children.

LegalGems :

Separate personal property: 1/3 to surviving spouse; 2/3 to children

LegalGems :

Community property: 1/2 to surviving spouse, 1/2 to children

Customer:

Thank you my attorney isn't a probate attorney not sure if he is familiar with that law because he says half of everything for spouse and the other half is split 1/3 to each child

LegalGems :

You can have him review the probate codes. Please see section 38 et seq as that covers the relevant codes.

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