Legal Question in Wills and Trusts in California

Re: dad dies

In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com

Re: dad dies

I'm sorry to hear this. If he died without a will, his wife would receive all of his community property, and 1/3 of his separate property, with his children receiving the other 2/3. The separate property is split 1/2 and 1/2 if he left only one child. If he was not married at the time of his death, his children receive his estate in equal shares (with children of any predeceased child taking that child's share).

If the estate assets are worth more than $100,000, a court probate is required to pass them to the heirs.

There are exceptions to the rules above, such as assets in joint tenancy and assets with beneficiary designations (like retirement benefits and life insurance).

I'd recommend seeing an attorney for at least a brief consultation to see what's required in your case.