How to go about reaffirming my rights to my portion of an inheritance?

UPDATED: Nov 15, 2012

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How to go about reaffirming my rights to my portion of an inheritance?

My father died. I know that according to intestacy law, the spouse is entitled to 1/3, and the remainder is to be split equally between children. My father and stepmother were separated for at least 10 years when he died, and she only survived him by a couple of months. My father’s house was repossessed, and my youngest brother, who had been supported all his life by my father, took all of my father’s home belongings TV’s, laptops, etc. and sold them and kept the money. He also automatically took one of the three cars, and junked another one and kept the money. I would like to know what my options are, if I cannot settle this issue without going through the legal system, which I very strongly doubt I can do.

Asked on November 15, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Given the complicated nature of the matter that you have written about I suggest that you consult with a Wills and trust attorney to give you the necessary guidance as to how you want to proceeding regarding resolving the issues you have with your youngest brother and at what costs.

The easiest way is to have a face to face meeting with the brother to try and resolve matters.

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 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.

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