Mad River, CA Estate Planning Law Firms & Lawyers

If a probate estate is opened all persons named as beneficiaries in the will and all living natural heirs would be notified. The will could be filed with the probate court or not.

State laws determine who are entitled to the assets of the estate and in what order. Usually paying the outstanding funeral expenses is first on the list. If you paid for your son's funeral expenses, you are likely entitled to claim as much of the insurance proceeds as are needed to repay the money you advanced to the estate for this purpose. Check with an attorney in your area to confirm the order in which creditors have to be paid.

You are going to need to speak to a lawyer about this, as it all depends on the exact paperwork governing his property. In general, parties to a divorce separate their property. As such, your mother likely has no interest in any of your father's assets. Assets will pass to specific beneficiaries listed on things like life insurance, bank accounts, and his 401K. If there is not specific beneficiary designated, the assets pass through the will or trust. If there is no will, the assets pass by intestacy, which would likely be half and half to you and your brother. Unless there was a living trust, the estate will need to go through probate to make sure all the bills are taken care of. As I said, you are likely going to need a lawyer here to help you with this. Fees are often capped by state law, so while you should shop around for a lawyer, the decision as to whom to retain should be made on a combination of price and whom you feel you and your brother can work with.