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I am the only child of my father who is deceased. His mother passed away in California. She has one daughter and one step-son living. What are my rights to her estate if she had no will?


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March 26, 2014 2:34PM

I am assuming that your grandmother does not have a spouse who is still living. In California, if a resident dies without a will or trust, then the laws of intestate succession are used to determine who will inherit the estate. If your grandmother was not married, then the estate would be divided in equal shares (if they are in the same generation) to her children. If there are no children or grandchildren living, then the estate would go to her parents. If her parents are no longer living, then the estate is distributed to the "issue of the parents." (Issue is the legal term for children, grandchildren, etc.) I am not an attorney but typically, in your situation, you would inherit one third of the estate. (Your father's portion.)