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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My father died in 1987, leaving a fairly large estate in San

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My father died in 1987, leaving a fairly large estate in San Joaquin County consisting of a ranch and greenhouse to his second wife, my step mother. Even though he had told me in her presence that we were to share the ranch, no will surfaced and she rejected my claim for half the property. She is now 95 and in a nursing home. Her brother and his family apparently have been occupying the ranch and operating it for their profit. When my step mother dies, I am assuming she will leave the estate to her brother and his son. Do I have any rights, and can I challenge any property transfer?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
Was the estate ever probated? If it was and you did not challenge it, then you no longer have any rights to challenge the estate and she gets to leave it to anyone she would choose. Also, you may have received some improper advice about the estate, but even at that the statute of limitations to pursue the lawyer is expired and you can no longer sue him for malpractice. Under the CA intestate laws, as a descendant who was not the child of the surviving spouse you did have an entitlement to a share of your dad's estate at the time, but if she probated the estate and you did not challenge then you have now lost that right. See: http://www.mystatewill.com/statutes/ca_law.htm

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