Q: Is a child who cares for an elderly parent entitled to more of the estate after that parent passes?

by | Feb 26, 2025 | Q&A, Trust And Estate Administration |

A: No. For better or worse, the law does not consider fairness, effort, or even relationships in determining who receives a share of an estate. There are only two possibilities:
1. No estate plan? The California probate code decides who inherits, and how much —this outcome is determined strictly by statute, with no exceptions.
2. A will or trust? The written documents will control, no matter how circumstances may have changed over time since the documents were originally signed.

This is why estate planning is so important. If someone wants their estate to reflect their sense of fairness, they have to put it in writing. Otherwise, the law decides for them, and that outcome may not always feel right.