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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35383
Experience:  Attorney with 16 years experience
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My brother died suddenly two days ago. He had no will. His

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My brother died suddenly two days ago. He had no will. His daughter, age 30, accused him of molesting her when she was 2 ( not ever proven and adamantly denied) hence her family stripped him of his parental rights and filed permanent restraining orders against him. He also struggled with addiction his whole life as an addict , as has she. He has two grandchildren whom he never met because of her. He almost died of cancer four years ago- and she never even made one phone call of support. He fought them for years in court, but they hired a cache of attorneys and he finaly gave up, broke and broken. Now she is claiming she has 100% claim on his estate. My mother paid for my brother to go to numerous rehabs, gave him room and board for 7 years and took care of him when he had cancer. Her has had virtually no contact fo 25 years. I heard that family members who have treated the person horribly all the olives, may be disinherited or limited in what they inherit. My mother sold out family home of 54 years and divided the profits among us four children. Now Diana,Hal's daughter wants everything. She is also a very wealthy woman, whose family has millions. I think the money or at least some of it shouldgoback to my 92 year old mother to reimburse her focal the money she's spent to take care of him. He was also bipolar, a victim of abuse, and ADHD. Can ypu tell me what the law says here? There is also an RV that the daughter says she doesn't want and now claims she does..,, and there is no written agreement on anything. Please help!!
Submitted: 6 months ago.
Category: Family Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.


Expert:  Barrister replied 6 months ago.

Ok, this is going to be covered under California's intestacy laws that govern when someone passes without a will. They state that if someone is not married, but has children, then the children inherit everything as a matter of law. See CA Probate Code 6450-6455.


I don't like it that it turns out like this, but when someone passes and doesn't have an estate plan in place, then default state law controls, even if the result is not fair or equitable.


I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...





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