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What am I entitled to inherit from my deceased mom and stepdad?

What am I entitled to inherit from my deceased mom and stepdad?

Full question:

My mom and stepdad were married for about 12 years. I also have a step brother who is about my age from my stepdad’s first marriage. They were into technology development and promotion, and have launched many startups companies in San Francisco. They made a substantial amount of money and acquired a large number of properties all across California. They both were involved in a fatal car accident and neither survived. Neither of them had a will. What am I legally entitled to receive from the property owned by mom and stepdad, being my mother’s sole heir?

Category: Wills and Estates
Date: 04/07/2025
State: California

Answer:

In California, if there is no surviving spouse, the intestate division of property is governed by California Probate Code § 6402. This law states that the intestate estate passes to the decedent's children, with equal shares for those of the same degree of kinship. If there are children of unequal degree, those more distantly related take according to California Probate Code § 240.

Additionally, California Probate Code § 6406 treats stepchildren as equal to biological children for inheritance purposes. Therefore, when both spouses are deceased and there is no surviving spouse, the children, including stepchildren, inherit the property in equal shares as outlined in California Probate Code § 6402.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to my inheritance if my stepdad had children from a previous marriage?

In California, if your stepdad had children from a previous marriage, they may also be entitled to inherit from his estate. Under California Probate Code § 6402, all children, including biological and stepchildren, inherit equally if there is no surviving spouse. This means that you and your stepbrother could share the inheritance from your stepdad's estate, along with any biological children he may have had.

Can I inherit from my stepdad if he didn't adopt me?

Yes, in California, you can inherit from your stepdad even if he did not adopt you. According to California Probate Code § 6406, stepchildren are treated the same as biological children for inheritance purposes. Therefore, you are entitled to an equal share of the estate when both your mom and stepdad are deceased and there is no surviving spouse.

What if my mom had a will that I am not aware of?

If your mom had a will that you are not aware of, it could affect your inheritance. In California, a valid will takes precedence over intestate succession laws. If a will exists, it should be filed with the probate court. If you suspect there is a will, you may want to consult with a probate attorney to ensure your rights are protected and to determine how the will impacts your inheritance.

How are debts handled in an intestate estate?

In California, when someone dies intestate (without a will), their debts must be settled before any inheritance is distributed. The estate's assets are used to pay off debts, taxes, and expenses. Only after these obligations are met will the remaining assets be divided among the heirs according to California Probate Code § 6402. This means that your inheritance could be reduced if there are significant debts.

What is the process for claiming my inheritance?

To claim your inheritance in California, you generally need to go through probate court. Since your mom and stepdad died intestate, an administrator will be appointed to manage the estate. You may need to file a petition with the court to establish your right to inherit. It’s advisable to consult with a probate attorney to guide you through the process and ensure all necessary paperwork is completed correctly.