As a son and a daughter do we get any money from mom after she passed away ?

Asked almost 2 years ago - Los Angeles, CA

We moved to California from Pakistan like 10 years ago, my dad passed away like 20 years ago,my mom got married in California for 7 years and she passed away last year , we know mom had money ..Now her husband doesn't even talk to us and saying that we weren't good kids and she never liked us there anything we can do ?

Attorney answers (3)

  1. 9

    Lawyers agree


    Answered . As Ms. James mentions, if your mother had any separate property (which she describes) AND she did not dispoe of her estate by Will or trust and if it was not held jointly with your step-father (or in a method that passed to him on death), then you have an intestate right to a portion of her separate property. If by "we" you mean you and your siblings, the you and your siblings would split two-thirds of your mother's separate property that passes by intestacy. If you are your mother's only child, then you would be entitled to one-half of her separate property.

    Please see an attorney who can get all of the relevant information from you and provide you with advice based on the specific facts in your case.

    Good luck.

  2. 5

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    Best Answer
    chosen by asker

    Answered . The issue is how title to your mother's property was held and the source of her money. Anything acquired during her remarriage will be presumed community property. The surviving spouse is the beneficiary of community property if there is no Will or Trust. If there is a Will or trust, the provisions of those documents will control. You are entitled to a copy of any trust.

    If the assets were in Joint Tenancy, those pass by operation of law to the surviving joint tenant.

    Anything that was your mothers separate property and not held in title in a manner indicated above would go by intestacy 1/3 to the husband and 2/3 to the kids.

    If the husband does not want to cooperate you could Petition to Probate under intestacy and give notice to husband and make him come forward.

    You should consult a Probate Attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  3. 7

    Lawyers agree


    Answered . If your mother brought money into the marriage and it was not commingled, you have a right to a portion of her estate. However, you must be the person to assert that right in a probate court, and the longer you wait, the harder it will be to determine what you might be entitled to. Sit down with an attorney, discuss what your mother may have had, and see if a probate is appropriate to determine your interest in the estate.

Related Topics

Inheritance rights and estate planning

Inheritance rights refers to the rights most states give to a spouse (and in some cases, children or grandchildren) that prevent you from disinheriting them.

Intestacy and probate

Intestacy occurs if someone dies without a valid will. In this case, the estate goes to probate and is distributed according to the state's intestacy laws.

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