If my childrens’ father passed away 3 years ago without a Will, is my son entitled to his property and what legal action do I have to take to gain possession?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my childrens’ father passed away 3 years ago without a Will, is my son entitled to his property and what legal action do I have to take to gain possession?
His sister is in posession of a bike that was promised to my son.
Asked on August 6, 2014 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If your son was his only child then he is the ONLY legal heir to his father's estate. Was the estate probated? If it was then take a look at the court file, copy it and have an attorney review it because your son should have inherited the property or the funds from the sale of the property minus estate debts. If the estate was not probated consider doing so yourself. Good luck.
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.