Probate and wills
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Probate and wills
My father was a beneficiary
in a will that is in
probate. He passed away. He
has 3 children what should
Asked on December 22, 2017 under Estate Planning, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since your father outlived the maker of the Will, he (and now his estate) is entitled to his share of the inheritance. If your father had a Will then the proceeds that he inherited will be passed on as per it terms. If he died without a Will then the "intestacy" laws of the state in which he was domiciled as of his death with control. In CA, the surviving spouse inherits all of the deceased spouse's community property and 1/2 or 1/3 of their separate property; the children inherit 1/2 or 2/3 of the separate property. If there is no spouse, then the children inherit everything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.