Legal Question in Wills and Trusts in California
When your dad dies with no will and step mom gets everything
What do we due? My father passed away oct 31 st last year. He didnt have a will and owned homes and has savings. My step mother is getting everything. Is there anything that his children (there is 7 of us) can do? What are our rights? Should we get a lawyer?
2 Answers from Attorneys
Re: When your dad dies with no will and step mom gets everything
A lot will depend on how title was held. If they owned the house, savings accounts, any other assets as joint tenants or comm. prop with right of survivorship, she will receive all of thos assets. If tenants in common, the children may be entitled to 2/3 of his half.
Re: When your dad dies with no will and step mom gets everything
How was the property titled? If in joint tenancy, only the surviving joint tenant(s) is entitled to it. If there was no will or trust, then his children may be entitled to up to 2/3 of the separate property.
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