Legal Question in Wills and Trusts in California
estate
my father died intestate two years ago in california. His wife of one year never disbursed any property to his three children. Although she promised she never did. What can they do now?
1 Answer from Attorneys
Re: estate
Your question involves a long answer. Intestate married in California - need to determine whether property is community property or separate property. Community property typically goes to wife but she may have to file spousal petition to establish ownership. Separate property is divided - more than one child = one third of separate to spouse and rest to children and/or issue of deceased children. Obviously all of these statutory divisions are irrelevant when a decendent has a will or living trust. The children should follow up to obtain their share of the separate property.