Estate Law Questions? Ask an Estate Lawyer.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I want to make sure I understand the facts, can you verify there was no valid will (the only copy was unsigned)?
Also, what do you mean byANOTHER SIBLING CHILDREN RECEIVED ALL OF THE ASSETS,So one person received the entire estate? What was their relationship to the aunt?
ThanksSo what is your question today? Are you asking who gets what in CA if there is no will?
It looks like the other expert opted out so I thought I would try to assist.
The "recently found assets" will pass according to the terms of the probated will, assuming it was actually admitted to probate and recognized as the will which would be unusual if it is not signed. Just because the unsigned will was in the court's file doesn't mean it was recognized by the court as "the will" and that the assets were distributed according to the terms of the will.
If it was not, then what likely happened is the court distributed the assets according to what is known as "intestate succession" which is a list of heirs determined by statute and is used when no valid will exists. If that is the method that was actually used then these new assets would be distributed the same way.
Both of these options, which are the only two possibilities raised by your facts, are assuming that no one tries to go back and challenge the probate at this point.
No, if the court ruled that the will was valid then the will wouldn't invalidate the ruling. It might be challengeable, but there are issues since it has been so long since the probate was completed.
Rather than listing out the intestate heirs let me give you a link to a web page with a chart on it:
I don't think the heirs have changed since 1990 but I don't have access to the codes going back that far. Also note that the heirs would have been determined at the time of your aunt's death. Any deaths since then would only affect where that person's share goes, it doesn't affect how it would have been distributed at the original probate if the intestate succession would have been used.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread.
Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.