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?

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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 6 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.


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