Legal Question in Wills and Trusts in California

Re: Probate with out a will

The will has to be read carefully. Generally, in order to inherit, someone has to survive the deceased person by a number of days (30 is usual). The reason is because of situations like the one you describe. If the will is silent, then it would make sense that your mother would take. However, you really need to consult an attorney. In addition, someone will have to open a probate if one isn't open already. (This statement does not constitute my representation of you, nor is it an attorney-client communication. However, I would be pleased to discuss representing you on a formal basis.)

Re: Probate with out a will

I assume the husband had no will so his estate will pass by intestate succession. Since he did not survive the wife, unless her will had an alternative disposition she also died intestate. The identity of the persons entitled to inherit from each of them is determined by the Probate Code sections applicable to intestate succession. Your mother should start a probate proceeding, probably for both of them, since she is his closest relative. She will inherit a significant portion of the propoerty so it would be in her best interests to start proceedings to sort this out.