Every so often in our practice, we encounter heirs who were not included in the administration of an Estate. This can take many forms, all of which we are experienced in dealing with. Please find the heading below which matches your situation:
How to Be Acknowledged as an Heir in an Ongoing Probate
If the Estate is still undergoing the probate process, the best thing to do is contact the Administrator, or Executor of the Estate, or their attorney. Be ready to provide your birth certificate for verification if dealing with a distant relative. If you do not receive an immediate, positive response and formal acknowledgement of your heirship, you should contact your own attorney to verify what you are entitled to from the Estate.
You can reach us at 415-928-4161 for a free 20 minute consultation, and to verify your claim to inheritance. Once we have determined what you are owed from the Estate, we will begin our work to ensure you received your inheritance, filing a Petition to Determine Heirship with the court on your behalf.
How to Receive Your Inheritance After the Final Distribution of Assets
Occasionally, either by accident, or intentional fraud upon the court, an heir is excluded from the process all the way until the end. If you found out about an Estate to which you had a right to inheritance after the assets were distributed, it may not be too late.
Under California Code of Civil Procedure Section 473, any civil order, including distribution of Estate assets, can be overturned within six months due to “mistake, inadvertence, surprise, or excusable neglect”.
If the 6-month window has expired, you may still be able to file a claim for extrinsic fraud if you believe you were knowingly and intentionally denied notice of the Estate.
These are difficult and adversarial procedures that often involve settling with the Administrator or Executor and the heirs through mediation, all of which we are experienced in helping our clients with. If you believe you might have such a case, please contact us at 415-928-4161 to schedule a free 20-minute consultation to discuss your case and next steps.
