How To Be Identified As An Heir

[Justine]

A cousin of my mother's died recently. I believe there was no will. There is a petition for Letters of Administration pending in San Diego, CA Probate Court. I have been contacted by a "probate researcher" who wants me to sign away 25% of any inheritance to his firm so that they will represent me. I do not wish to do so. How can I contact the Court or the proposed administrator, whom I do not know, to indentify myself as a descendant of the decedent? Will I need a lawyer to represent my interests?

[jk]

I doubt you will be in line to inherit anything

California intestate succession law

So, to check anyway, you need to contact the probate court (or the court that probates estates) in the county of residence of the deceased and ask how you can get a copy of the file. After that, you will have all the info to contact whomever you need to inform them of your relationship.

[Justine]

I believe I AM an heir. There are no children, no spouse, no siblings, no surviving parents. The nearest kinship is first cousin, of which my mother was one. So I think that means my surviving brother and I split her share? This relative had 4 first cousins on our side (father's) of the family. Only one is still alive. There are, I believe, cousins on the other (mother's)side. Is there a way to find out? Will it be in the court documents? Can I expect the administrator (who I think may be a relative on the mother's side) to contact me, or must I contact the court? The estate may include a condo among other things. Do I need a lawyer?

[lwpat]

jk answered your question.

[jk]

(c) If there is no surviving issue or parent, to the issue of the
parents or either of them, the issue taking equally if they are all
of the same degree of kinship to the decedent, but if of unequal
degree those of more remote degree take in the manner provided in
Section 240.
(d) If there is no surviving issue, parent or issue of a parent,
but the decedent is survived by one or more grandparents or issue of
grandparents, to the grandparent or grandparents equally, or to the
issue of those grandparents if there is no surviving grandparent,
the issue taking equally if they are all of the same degree of
kinship to the decedent, but if of unequal degree those of more
remote degree take in the manner provided in Section 240.

240. If a statute calls for property to be distributed or taken in
the manner provided in this section, the property shall be divided
into as many equal shares as there are living members of the nearest
generation of issue then living and deceased members of that
generation who leave issue then living, each living member of the
nearest generation of issue then living receiving one share and the
share of each deceased member of that generation who leaves issue
then living being divided in the same manner among his or her then
living issue.

Well, talk about confusing. Good luck deciphering that mumbo jumbo. Maybe Aaron will swing by and translate.

[aaron]

Here's one attempt to translate; and another.

[Justine]

Oh you guys made it sound so easy! I called the courthouse and all they would say is "Perhaps you should consult a lawyer. Here is the number for Legal Aid". All I wanted to do is contact the person petitioning to administer the estate, or his atty. So then I went back to researching it on my own and found out about Form DE 154 Request for Special Notice. I downloaded that, thinking I could find out more that way. WELL as I'm sure you experts know - to file that I have to have the request served on the personal representative and provide proof of service! If I had that person's contact information, I wouldn't be asking for special notice LOL. So I think my next tactic will be to ask for a copy of the petition. It is a public record, right? There are nominal fees for copying, mailing etc, but I'm thinking the form is probably only a couple pages?
thanks

[aaron]

The identity of the personal representative, and his or her address of record, should be available from the court. It should be reflected in the court file. You should be able to go to the court and review the court file, and (for a fee) get copies of any portion you want.

[chuckycheese]

I believe the first thing I'd do is find out what the estate's worth. If the will has been filed in probate court, that would be easy to do. It could be there's not enough there to be concerned about.