Legal Question in Wills and Trusts in California
Does Stepmother get everything?
My parents were married for 10 years before they divorced in 1991. My father was ordered to pay child support and alimony but never did. He remarried shortly after and passed away in 2007. He did not have a will and everything went to his surviving wife. I am now 25 years old. I was wondering what my rights were and if I anything legally belongs to me.
2 Answers from Attorneys
Re: Does Stepmother get everything?
You or your mom, if she is still alive, may be entitled to your deceased father's assets, but you would have to file one or 2 probates, and file immediately, as the statute of limitations is short.
Re: Does Stepmother get everything?
If you can prove that your Dad owned separate property acquired before the marriage to your stepmother, you may have rights to a share of that separate property. Or if your dad received any inheritance before or after the divorce, that is also considered separate property. However, if the separate property is commingled with community property, this may be a difficult case.
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