Invalid Will Estate Distribution
Summary
In California, if a will is invalid, the estate is distributed according to intestate succession laws. A surviving spouse or children typically inherit. If no spouse or children, it goes to parents or siblings. Divorce can revoke provisions for an ex-spouse.Full Conversation
my mom died and I think the will is invalid. If it was who would get her estate
I'm sorry for your loss, ****. In California, if a will is found invalid, the estate is distributed according to intestate succession laws.
- If there is a surviving spouse, they inherit the estate.
- If there are children, the estate is divided among them.
- If no spouse or children, it goes to parents or siblings.
Are there any specific concerns you have about the will's validity?
yes. It was from before my parents divorce and it has spouse in front of my dads name
Got it. In California, a divorce can significantly impact the validity of a will. Here are some key points:
- Post-divorce, any provisions in favor of the ex-spouse are generally revoked.
- The estate may pass as if the ex-spouse predeceased the decedent.
Do you wish to challenge the will in court?
i I don't know. It also listed my son as getting * percent of estate
Case Rating: *
It sounds like you have some valid concerns regarding the will's validity due to the divorce.
Would you like to challenge the will in court?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Can you provide me with your phone number?