QUESTION
Am I entitled to anything from my father since I am the first born and have his exact same name?
Asked on Jul 01st, 2014 on Litigation - California
More details to this question:
My question is that my dad has four businesses and 2 houses he was married to my Mom for 12 years than they got divorced. I am the first born and I have a sister. He then re-married in 1994 and had another 2 children.
6 ANSWERS
Edwin K. Niles
British system: First born. Ca system: share equally. However, the new wife may be entitled to some or all, depending on separate or community property. Will? Trust?
Answered on Jul 02nd, 2014 at 6:34 PM
2 Awards
Having his name and being the first born entitles you to nothing. If he died without a will or trust, you may have an interest in the estate if he had separate property and/or was divorced at the time of his death. If he left a will or trust leaving you out, you may very well be entitled to nothing.
Answered on Jul 02nd, 2014 at 2:56 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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First this is a probate and estates issue. You father can leave his property to anyone including the Hare Krishnas. He does not have to leave anything to you. If he does not have a will you will get a portion of his estate. The only place I know of that deals with the first born male is England and under their laws Prince Charles is next in line for the throne. LOL If the two of you have disputes he does not have to leave anything to you.
Answered on Jul 02nd, 2014 at 2:07 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If you are talking about intestate succession, it works like this: Unless there is a will specifying otherwise, 50% goes to the current wife, and all living children split the rest. It does not matter what order you were born in.
Answered on Jul 02nd, 2014 at 12:54 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, unless he disinherited you. Obtain services of a probate attorney to represent you.
Answered on Jul 02nd, 2014 at 12:02 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You are entitled to be mentioned in his will. If not then you get one-sixth of his separate property, if any.
Answered on Jul 02nd, 2014 at 11:52 AM