Legal Question in Real Estate Law in California

Re: My adult childrens legal right to an inheritence

Were there any child support orders issued against the father? and does he owe any back child support from when the girls were minors?

Re: My adult childrens legal right to an inheritence

It will depend upon how title to the house was vested. If the house was held between your children's father and their step-mother as joint tenants, or community property with rights of suvivorship, they will not be entitled to any of the proceeds. However, if the house was held as community property or as tenants in common, they may have a claim to a portion of their father's 1/2 interest in the property. You should consult with a real estate attorney in your area.

Re: My adult childrens legal right to an inheritence

There are a few questions that need to be answered: Was stepmom on title? Was the house purchased during their marriage from community assets? If separate property, did stepmom petition the court -- through probate -- to sell the house?

Then, see Probate Code section 6401 which states, in essence, that decedent's one-half of community property and quasi-community property go to the surviving spouse; separate property then is divided 1/3 to the surviving spouse, and the other 2/3 to the children. Please let me know if I may be of further assistance.