Legal Question in Wills and Trusts in California

If your biological father died without a will in California then the distribution of his estate is governed by the rules of intestate succession in the Probate Code. Community property goes to the surviving spouse. All of dad's personal property (property held in his name, received by inheritance or gift, or that was his prior to marriage) is distributed as follows: if there is only one child (biological or adopted) then the seperate property is divided equally between the spouse and child; if there is more than one child then the seperate property is divided one third to the spouse and the rest to the children of the deceased. There are some exceptions and you should consult an attorney to discuss the issue with him/her.

Yes. When a person dies intestate in California, the laws of intestate succession apply which state briefly: community property typically goes to the surviving spouse but spouse may have to file a spousal property petition to establish ownership. Separate property - surviving spouse received a share and children split the rest - one child = 50/50 - 2 children = 33/33/33. Good luck.