My Uncle had left our Dad 50% of the residuary & we are under that gift too to recieve his half if he didnt survive

Asked almost 2 years ago - San Francisco, CA

..him. The Uncle also says under the residuary, "IN THIS WILL I HAVE LEFT A LARGE PART OF MY ESTATE TO THE THEN LIVING CHILDREN OF(>MY DAD'S NAME HEREt get the chance to speak/contest the Will & by the time we found out the estate was already done. Does this sound legal? Our Dads ex stepsonDad was divorced from his Mom years prior) whom was never ever adopted & is an attorney in a different state got it all. Our Uncle wanted us to inherit & in no way wanted the stepson to get anything yet he got it all,we didnt even get a notice. B.O.A/S.F. public Admin. office BOTH handled the estate/help!

Attorney answers (7)

  1. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . It sounds like you have a whole bunch of red flags, here, but there is no way to get to the bottom of this on Avvo. You need to consult with an attorney where the estate was probated, find out how this could have happened, and determine if there is anything you can do about it. You have a complex set of facts and a very unusual situation. You may have a valid claim against the stepson, but I do not think you know enough of the facts yet to determine that. A lawyer can help you investigate and determine whether you have recourse.

    Best of luck to you!

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  2. Shawn Michael Haggerty

    Contributor Level 15


    Lawyers agree

    Answered . You need to steamline your inquiry please

  3. John S. Rueppel

    Contributor Level 9


    Lawyers agree

    Answered . I agree with the above answers. If the estate was in San Francisco, you probably should have received notice of the probate petition. Feel free to give my office a call.

  4. Eric Jerome Gold


    Contributor Level 19


    Lawyers agree

    Answered . Your statement is full of warning signs. The facts are garbled and hard to extrapolate. That being said, you should immediately consult with a local probate attorney in the county where your uncle resided at the time of his death.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  5. Matthew Erik Johnson

    Contributor Level 17


    Lawyers agree

    Answered . Visit a local probate attorney. You will need to acquire the accounting reports and review the estate. If you were only left a residuary interest, then you may not have been able to receive anything if there was no residuary after taxes, debts were paid, and other gifts were made.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
  6. Martin L Bearg

    Contributor Level 14


    Lawyers agree

    Answered . Most states require some form of notice be given upon the probate of a will to all interested parties, including residuary beneficiaries. Some, like NY, before the Will is probated, and some, like NJ, after the Will is probated. Why you never received notice is a puzzle unless someone gorged signatures or swore a false oath of service. As my colleagues have stated, you need to consult an attorney in the state were date died and his Will was probated. You may recourse, but hurry for the statute of limitations (time within which to file a claim) is not long and begins to run as soon as you are aware of your father's demise/death.

    I am sorry for your loss and aggravation.

    The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.
  7. Helen M Smith

    Contributor Level 8


    Lawyers agree

    Answered . I agree with the other answers but would ask one question also. Who died first, your father or your uncle? If your father died first you should have received part of your uncle's estate. If your uncle died first and your dad inherited from him then your dad can leave his money to whomever he wanted. In that case, you would be looking at a Will caveat and that is difficult to do. In any event, it would be a very good idea to spend the money on a consultation. If nothing else, you can put your mind at ease.

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