Legal Question in Wills and Trusts in California
My daughters father death & another wife in picture
My 3 daughters dad passed away. Daughter's ages are 25, 22, & 17. We were divorced, but married for 16 yrs 2 mths. He was remarried (4 yrs) no children in that marriage (marriage was leading to separation). Had a son (30yrs) from previous marriage. The current wife is not saying anything as to any will, or life insurance. He was very close to my daughters and I know he would not forget about them. Are they entitled to anything if no will was left or if they were not the beneficary?
2 Answers from Attorneys
Re: My daughters father death & another wife in picture
Yes, but it depends on how his assets were held. Assuming that his assets were held in his name, they could receive as much as 2/3rds of the estate. If the wife won't take any action, the children should file a probate. Your children should contact a probate attorney as soon as possible.
Re: My daughters father death & another wife in picture
The answer depends on how his property was held--joint tenancy property goes directly to the surviving joint tenants, and items with named beneficiaries (life insurance, retirement plans) go directly to the named beneficiary.
However, if there are no surviving joint tenants, and no named beneficiaries, a will likely controls. If there's no will or trust, surviving children are usually entitled to 2/3 of their parent's assets under California probate law, with the remaining 1/3 going to the person's surviving spouse.
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