Legal Question in Wills and Trusts in California
Death without a will
My father died unexpectedly at age 57 in September 2008. My stepmom, his wife, his still alive. He was retired, owned a house, and financially well set. My sister and I are his only children. Since there is no will, what are we entilted to? Should my step mom be getting everything?
3 Answers from Attorneys
Re: Death without a will
Yes.
Re: Death without a will
Unfortunately, without a will or a trust, the answer is probably yes.
If you need further assistance or would like to discuss this matter in a private forum, please feel free to contact me at the email provided by LawGuru or through our firm's websites PasadenaEstatePlanning.com and No-Probate.com
Re: Death without a will
In California, if a married person dies intestate (with no will) all his share of community property passes to the surviving spouse. If your father had separate property, which he did not commingle in joint or community accounts with his wife, it should pass 1/3 to his wife and 1/3 to each of his two children. If you have any reason to believe there is separate property, you should consult an attorney.
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