Who is entitled to my father’s inheritance?

UPDATED: Sep 30, 2022

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Who is entitled to my father’s inheritance?

My aunt died 6 months ago and in her Will she had left money to her children, grandchildren and her siblings. The Will stated that in order for my father to receive his money he needed to be alive, otherwise it would go back into the Trust. Well my father was alive at the time of her death but died 2 months later before he receive his

inheritance. Now he was married to my stepmother who was incapacitated. So we assumed that she would get his inheritance. Well, she died 1 month and 2 days after my father did and the inheritance was still not paid out. Now my father has 4 biological children and 2 step children. We are wondering who is entitled to the inheritance my father’s children or just our step brothers? Everyone else has been paid out their money except for my fathers. Can you help and let me know what to do?

Asked on November 6, 2016 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sorry to hear about your aunt, father, and stepmother.
Since your father survived two months after your aunt's death, he was entitled to his inheritance pursuant to the provision in her Will. A Will is effective upon the date of death, not the date of distribution of the funds.
All of your father's children are beneficiaries entitled to receive their share of the inheritance because biological and adopted children inherit equally. 


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