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My Father passed away on or about May 5, 2012 of last year. Have I waited too long to do anything as far as my rightsm as heir?

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Also, I am not positive that my Father was married to this woman and I did not want to deal with this because I knew the woman was going to be a witch about it and sure enough- she is.
Will I be able to find out what I need to living in a different city in California and have really no transportation and very little money?

Attorney Answers 3

Posted

A child does not have automatic rights to an estate.
Your fathers will or trust or statutory rights will prevail.
If your father has a will or trust-it will prevail unless he was incompetent or undue influence existed.
If he did not have a document-the statutes or how the assets were titled will prevail.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

If your father died in CA, and owned land there, you need to check the probate record to see what was filed. You should then consult a probate attorney in the county as in many jurisdictions if you received notice of filing of the will and did not timely challenge the validity of the will you waive your rights to challenge it. Indeed, even if you can challenge it, likely there is a strict deadline regarding how long you have to challenge it and may have missed the deadline.

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This process of winding up someone's estate ( whether through probate or administration of the trust) is time-consuming, emotionally draining, and costly. You should consult its a probate attorney in the city/county where your father died.

Mr.Scalise may be reached at 805-244-6850 or by email (caig@scaliselawfirm.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her. Mr. Scalise provides “unbundled” services for specific assistance with a specific issue.O work with clients throughout California.

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