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California probate laws, can next of kin rights be waived

Asked over 3 years ago - Fallbrook, CA

My father passed away recently and investigators are currently searching for his estranged wife (with whom he has not had any contact with since the 60's) to make any offerings of anything he's left behind to her. I, as his daughter, am considered the "2nd next of kin" and if she is never found, I do not really wish to be bothered with the responsibilities of a man that I was not even raised by, I never really knew or felt close with him in my entire life. I do not want anything to do with anything he's left behind, and certainly do not wish to fight for anything. The deceased's mother, however, would like to be awarded anything in question. Do I have a right and a way to waive my 2nd next of kin rights over to her and express my wishes to be left out of it?
She deserves everything, anyway, she was closest with him.

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Janet Lee Brewer

Reputation Level 16

Answered over 3 years ago. Probate Attorney in Palo Alto, CA.

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What you can or cannot do may depend on whether your father had a will. If he had a will, then the property would pass according to the terms of the will - so, for example, if the will said that if you are deceased, the property goes to the Humane Society, then that is what would happen.

If he didn't have a will, then a portion would go to his wife and a portion would go to his children. You can "disclaim" your right to inherit from your father under California law. You need to do it in writing and send a copy to the executor. If one hasn't been appointed, I don't know who you would send it to. If you disclaim and you have children, then your share of your father's property would go to your children. If you don't have children, then your share would go to your father's other children (if any). If there are no other children, then your share would go to his mother (and father, if his father is also alive).

If you sign a disclaimer, you give up all rights to "redirect" where the property goes.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

Law Office of Janet L. Brewer

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