Legal Question in Wills and Trusts in California
California laws of inheritance
My father just passed away and had no will. What are the laws of property dividence. I am the only biologcal child. He was remarried and she had two children, he never adopted them. We are all legal age and of perfect health. How does probate or such work how will I know what to do about his property ect or my inheritance?
5 Answers from Attorneys
Re: California laws of inheritance
You inherit 1/2 and the wife inherits 1/2 of the assets that are distributed through probate. Assets like life insurance, that have a designated beneficiary are distributed to the beneficiary who is a third party beneficiary of the insurance contract.
If your father had any joint tenancy property with is wife, it becomes the property of the joint tenant upon his death. Community property, if any, is 1/2 your father's and 1/2 his spouse's. His one half has to be distributed through probate.
You will be well advised to get representation through the probate proceeding.
Assets in your father's name will have to go through probate.
Re: California laws of inheritance
It gets divided between you and his wife. If you need any help getting this done, let me know.
Phil Lemmons, Esq.
Re: California laws of inheritance
I am sorry to hear of the loss of your father.
His property gets divided between you and his wife. It depends on the size of the estate whether you will have to open a probate. You will need an attorney. The attorney's fees are paid from the estate. You should get an attorney close to where your father last resided.
If you would like a free initial consultation, please call or e-mail me with contact information. I have over 25 years experience in probate and estate administration.
Good luck and thank you for your inquiry.
Re: California laws of inheritance
Is his wife still alive? If so, she probably gets 100% of "community property" and 1/2 of "separate property." You, as the only child, would get the other 1/2 of "separate property." If his wife died before him then you would get 100%. Feel free to contact me with more specific questions. I perform probates throughout California and would be happy to talk to you more about your case.
Re: California laws of inheritance
the other attorneys have summarized the rules for you. if your father resided in the san francisco bay area, please contact me if you need assistance.
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