Father died without leaving a will, with two properties in his name, am I able to gain from those?

UPDATED: Oct 1, 2022

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Father died without leaving a will, with two properties in his name, am I able to gain from those?

Fathers side of the family got a lawyer to gain those properties from his death. I live in California and my father was never apart of my life and basically I found out about this because the lawyer sent me a form telling me to sign so I can opt out of the case. I never signed it. I called the court house to get any information and they said there was no scheduled court date, I asked their lawyer and they said he was not going to give me any information since I was on the opposing side. This was almost a year ago. If they proceeded with obtaining the property and sold it off, is that legal? Am I able to sue?

Asked on October 5, 2018 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for yout loss.  Is your Father a resident of Texas?  Then if he dies without a Will the Texas intestacy laws apply.  Under those laws if you are a child then you will inherit a portion of your Father's estate.  Th percentage depends on who else has survivied him (parents, spouse, siblings).  I urge you to obtain an attorney in the area IMMEDIATELY to file a notice to the Probate Court on your behalf.   Good luck.

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