If one or both of your parents have passed away, it is likely that they will have assets for distribution. As their child, you may expect that you will automatically be owed a share of the estate. While this is understandable, unfortunately, your right to inheritance depends on the instructions left within each parent’s estate plan.
If you are struggling to gain the inheritance that you believe you deserve from your deceased parents, it is important to understand all aspects of the law in California. This will help you to understand how the law applies to your situation. Generally speaking, your chances of gaining an inheritance from a parent is greater if they have not left a will than if they have left a will that does not include you. This is because of the laws of intestate succession.
What are the laws of intestate succession?
If your parent has not left any type of estate plan, this means that they have died intestate, and their assets will be subject to the laws of intestate succession. This means that assets will be distributed according to the surviving heirs, which count as spouses, children, parents, siblings and more distant family. If your parent did not have a spouse at the time of their death and died intestate, it is very likely that you will be set to gain an inheritance.
What can I do if I have been excluded from my parents’ wills?
If you are not included in the estate plan of either of your parents, you may have to simply accept their wishes. However, if you believe that this was not their true intent and that their will is invalid in some way, you may be able to take action to dispute the will. You may be able to do this by proving that the will is not valid because it was subject to fraud, or that your parent was manipulated by undue influence.
If you have not been included in your parents’ wills or if you are finding it difficult to gain the inheritance that you believe you are entitled to, it is important to take swift action and assert your rights.