Yes, a bad father can luck into an inheritance

Posted on Sep 17, 2009

A Ventura County probate court, and the appellate court that heard the case, ruled an absent father that owed back child support, and hadn't seen his son in 42 years still inherited from his probate estate because the son died without a will. Laura Barnes and Clifford Shellenbarger divorced over 40 years ago.  Shortly after they were divorced their son Lesley was born.  42 years later Lesley died intestate.  In other words, he didn't have a will.

Under California probate law because Lesley didn't have a will, spouse, registered domestic partner, or children, his parents inherit.  Each parent gets half the probate estate. 

Laura petitioned the probate court to prevent Clifford from receiving any inheritance.  She alleged Clifford hadn't seen their son since their divorce and owed back child support.  She felt it would inequitable for Clifford to receive any of their son's money based on his conduct and inattention.

The appellate court followed the law by holding both parents inherit equally.  It may seem unfair on these facts but the law is the law.  The lesson to take from this case: if a person dies without a will then the rules of intestate succession will apply.

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The Grossman Law Firm, A.P.C. are Riverside, California probate lawyers.  We help probate estates in Riverside County, California.  We appear in the Riverside probate court for cases in the area bounded by Temecula, Corona, and Banning, California.  We appear in the Palm Springs/Indio probate court for cases from Palm Springs, Palm Desert, Rancho Mirage, Desert Hot Springs, Cathedral City, Indian Wells, and Indio, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.