Legal Question in Wills and Trusts in California

I am a US Citizen 71 years of age and I married a philipino woman, in april of 2008 she is 57 years old. we are very happly married. We have taken care of all the legal requirements for her to be in the U.S.A. We were married in the state of Nevada. I have four children from my first marrage who range in age 40 years to 51 years of age.

My question is, If should die will my wife inherit my estate? Will my children have ant claim on my estate???

Joe of California


Asked on 10/12/10, 8:47 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If you die intestate (without a will), your adult children could have a claim to a portion of your estate. That's why proper estate planning for someone in your circumstances is vitally important.

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Answered on 10/17/10, 9:35 am

If you die in California without a will, your wie will inherit any community property you acquire during the marriage, and then there is a formula in the Probate Code for distributing your separate property between your wife and your adult children. There's a pretty good chance that the formula is not necesarily what you would want. So you really need to see an attorney to help you prepare a will.

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Answered on 10/17/10, 2:09 pm


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